LIGHTING  CONTRACT 


AND 

FRANCHISE  AGREEMENT 

BETWEEN  THE 

CITY  OF  PROVIDENCE 

AND  THE 

NARRAGANSETT 

r  , 

ELECTRIC  LIGHTING 

v  - 

COMPANY 


Cousp  Eraf  fHanufarturing  (Hu. 

City  Printers, 

257  West  Exclianj^e  Street,  Providence,  R.  I. 


1912. 


THE  CITY  OF  PROVIDENCE. 


Joint  Resolution  of  the  City  Council. 

No.  304. 

(Approved  August  10,  1912.) 


Resolved^  That  the  Mayor  is  hereby  authorized  and  directed  in 
the  name  and  behalf  of  the  City  of  Providence  to  execute  and  deliver 
an  agreement  with  the  Narragansett  Electric  Lighting  Company,  in 
accordance  with  the  accompanying  draft  agreement,  to  secure  im¬ 
proved  lighting  of  the  streets  and  parks  of  the  city  and  at  a 
reduced  cost  to  the  city,  during  the  period  of  ten  years  from  July 
I,  1912,  and  to  provide  for  the  conducting  of  the  business  of  said 
company  under  an  exclusive  franchise  for  the  term  of  five  years 
from  July  i,  1912  in  streets  of  the  city,  upon  certain  terms  and 
conditions  to  protect  and  further  the  interests  of  the  city  and  its 
citizens,  including  the  payment  of  a  franchise  tax  to  the  city,  all  as 
set  forth  in  said  draft  agreement. 

A  true  copy. 


Witness  : 


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®l|ta  Agmmpnt 

made  and  entered  into  this  day  of  A.  D. 

1912,  by  and  between  the  City  of  Providence,  a  municipal  corpora¬ 
tion  in  the  County  of  Providence,  State  of  Rhode  Island,  hereinafter 
referred  to  as  the  city,  and  the  Narragansett  Electric  Lighting  Com- 

< 

pany,  a  corporation  created  by  act  of  the  General  Assembly  of  said 
State,  hereinafter  referred  to  as  said  company. 


That  the  parties  hereto,  pursuant  to  Chapter  91  of  the  General 
Laws  and  any  and  all  other  powers  and  authority  them  hereunto 
enabling,  hereby  respectively  enter  into  and  assume  the  agreements 
and  undertakings  hereinafter  set  forth  according  to  the  nature 
k  thereof  and  their  respective  interests  and  obligations  therein,  and 
agree  to  execute,  perform  and  observe  the  same  accordingly,  and 
subject  to  all  the  terms,  conditions,  limitations,  reservations  and 
provisions  hereinafter  set  forth  respecting  the  same. 

CONTRACT  FOR  ELECTRIC  LIGHTS  FOR  THE  CITY. 


Section  1.  Said  company  shall  sell  and  furnish  to  and  for 

2  the  city,  and  the  city  shall  purchase  and  take  from  said  company 

3  all  the  electric  lights  used  by  the  city  and  ordered  by  the  city 

4  council  or  the  duly  authorized  officers  or  representatives  of  the 

5  city  for  lighting  the  streets,  squares,  lanes,  alleys  and  other 

1 


P  37566 


6  public  places  in  the  city,  and  lands  therein  dedicated  by  the 

7  owners  thereof  for  public  streets  or  ways  by  and  on  plats  duly 

8  recorded  in  the  office  of  the  recorder  of  deeds  in  the  city,  and 

9  the  public  parks  of  the  city,  and  all  the  electric  lights  ordered 

10  as  aforesaid  for  lighting  public  playgrounds  and  other  public 

11  estates  and  public  buildings  thereon  of  the  city,  for  the  following 

12  prices,  and  upon  the  following  terms,  conditions,  specifications 

13  and  provisions. 

14  (2)  Types. — Said  lights  shall  include  both  arc  and  incan- 

15  descent  lights,  and  if  so  ordered  any  other  types  of  electric 

16  lights  now  or  hereafter  invented  or  used,  which  are  reasonably 

17  applicable  to  said  company’s  systems  as  now  or  hereafter  exist- 

18  ing  and  used  for  furnishing  electric  lights,  and  for  generating, 

19  distributing  and  delivering  currents  of  electricity  therefor. 

20  (3)  Term. — The  term  of  this  contract  shall  be  for  the 

21  period  of  ten  years  from  the  first  day  of  July,  1912,  commencing 

22  with  the  day  of  said  date  and  ending  with  the  morning  of  the 

23  first  day  of  July,  1922. 

24  (4)  Work. — Said  company  shall  furnish  at  its  expense  all 

25  the  work  and  labor  and  all  the  materials,  fixtures  and  appurten- 

26  ances,  and  of  such  kinds  and  quality  as  are  required  to  furnish 

27  and  maintain  first  class  electrical  systems  for  lighting  said 

28  public  and  dedicated  streets  and  ways,  and  parks,  playgrounds, 

29  places  and  buildings,  and  to  supply  first  class  electric  lights 

30  therefor  of  the  kinds  and  standards  required  and  ordered  as 

31  aforesaid,  but  this  contract  to  furnish  said  lights  shall  not 

32  include  furnishing,  installing  or  maintaining  any  wires,  fixtures, 

33  lamps  or  appurtenances  on  or  within  any  lands,  buildings  or 

34  structures  of  the  city  for  multiple  lighting,-  except  such  as  are 

35  required  to  bring  the  electric  currents  thereto,  and  are  furnished 

36  generally  without  charge  to  the  owners  or  occupants  of  private 

2 


37  estates,  buildings  and  structures,  and  except  such  of  the  same 

38  as  are  required  for  multiple  lighting  on,  over  or  under  bridges 

39  of  the  city,  and  under  railroad  bridges  for  lighting  streets 

40  thereunder.  All  lights  for  lighting  such  public  and  dedicated 

41  streets  and  ways  and  public  parks  shall  be  supplied,  and  the 

42  lamps,  globes  and  other  appurtenances  thereof  shall  be  kept  in 

43  proper  condition,  and  shall  be  cleaned  as  often  as  reasonably 

44  required  to  yield  the  maximum  amount  of  clear  and  unob- 

45  structed  light  according  to  the  standard  capacity  thereof,  to  the 

46  reasonable  satisfaction  of  the  joint  standing  committee  of  the 

47  city  council  on  lights  and  the  electrical  and  gas  engineer  of  the 

48  department  of  public  works.  All  other  lights  furnished  said 

49  city  shall  be  supplied  to  the  reasonable  satisfaction  of  said 

50  engineer  and  the  city  department,  for  which  such  lights  are 

51  furnished. 

52  (5)  Construction  and  Maintenance  Standard. — All  poles, 

53  wires,  cables,  conduits,  subways,  manholes,  pipes  and  other 

54  fixtures  and  appurtenances,  now  or  hereafter  installed  and  used 

55  by  said  company  for  lighting  such  public  and  dedicated  streets 

56  and  ways  and  public  parks  shall  be  erected,  made,  constructed 

57  and  maintained  in  good  and  workmanlike  manner  and  in  first 

58  class  condition,  and  to  the  reasonable  satisfaction  of  said  com- 

59  mittee  and  said  engineer. 

60  (6)  Locations. — Said  engineer  shall  see  that  any  and  all 

61  lights,  ordered  to  be  placed  in  any  such  public  or  dedicated 

62  streets  or  ways,  or  in  any  such  parks  for  outdoor  lighting  there 

63  of,  are  located  at  the  definite  places  therein  designated  by  the 

64  city  council,  or,  if  for  any  reason  any  location  designated  for 

65  any  light  should  be  found  to  be  impracticable,  at  such  location 

66  approximate  thereto  as  is  approved  by  said  committee  and  said 

67  engineer. 


3 


68  (7)  Height  of  Lights. — The  standard  height  of  the  new 

69  type  of  arc  lamps  herein  provided  for  shall  be  about  fourteen 

70  feet  six  inches  from  the  ground  where  the  same  respectively  are 

71  located  to  the  center  of  the  arc;  and  the  standard  height  of  all 

72  incandescent  lamps  suspended  on  brackets  shall  be  not  less  than 

73  twelve  feet  nor  more  than  fourteen  feet  above  the  ground  where 

74  the  same  respectively  are  located.  But  in  special  cases  to  secure 

75  better  lighting  results  any  of  the  same  may  be  installed  or 

76  changed  so  as  to  be  of  such  greater  or  less  height  as  is  approved 

77  by  said  committee  and  said  engineer. 

78  (8)  Number  of  Lamps  on  Circuit. — The  number  of  lamps 

79  on  any  one  or  more  circuits  shall  not  exceed  the  number  which 

80  the  generator  or  generators  supplying  current  for  such  circuit 

81  or  circuits  are  rated  to  run. 

82  (9)  Changes. — To  secure  better  or  more  equal  illumination 

83  of  any  such  public  or  dedicated  streets  or  ways  or  public  parks 

84  or  any  part  or  parts  of  any  of  the  same,  upon  order  of  said  city 

85  council  or  of  said  committee  and  said  engineer  at  any  time 

86  during  said  term,  said  company  shall  change  the  location  of 

87  any  pole  or  poles  and  the  light  fixtures  and  appurtenances 

88  pertaining  thereto  now  or  hereafter  placed  therein,  to  such  new 

89  location  or  locations  therein  as  may  be  designated  in  such  order. 

90  Said  company  shall  pay  the  cost  of  any  such  changes,  which 

91  changes  do  not  cost  in  excess  of  one  thousand  dollars  in  any 

92  year,  and  the  city  shall  pay  the  actual  cost  of  any  such  additional 

93  changes,  but  said  company  shall  pay  the  cost  of  all  changes 

94  pursuant  to  Section  2  hereof.  Upon  like  order  for  said  purpose, 

95  said  company  shall  substitute  arc  or  incandescent  lamps  for  any 

96  incandescent  or  arc  lamps  now  or  hereafter  placed  therein  and 

97  make  the  incidental  changes  at  its  own  expense.  Said  company 

98  shall  also  pay  the  cost  of  all  such  changes  in  location  necessi- 


4 


99  tated  by  any  building,  rebuilding  or  widening  of  any  such 

100  streets  or  ways,  also  the  cost  of  all  changes  required  by  said 

101  committee  and  said  engineer  for  the  purpose  of  preventing 

102  interference  with  the  use  of  private  estates. 

103  (10)  Extensions. — Said  company  at  any  time  during  said 

104  term  shall  at  its  expense  extend  its  lighting  systems  to  any 

105  extent  necessary  to  furnish  any  electric  lights  required  by  the 

106  city  as  and  when  ordered  by  the  city  council  or  the  duly  author- 

107  ized  officers  or  representatives  of  the  city,  and  as  soon  as 

108  practicable  thereafter,  but  this  provision  shall  not  be  construed 

109  to  authorize  the  installation  of  any  poles,  wires  or  other  fixtures 

110  or  appurtenances  in  any  such  public  street  or  way  except  in 

111  conformity  with  Chapter  54  of  the  Revised  Ordinances  of  1899 

112  entitled  “Wires”  and  any  ordinances  in  amendment  thereof  or 

113  in  addition  thereto;  provided,  however,  that  said  company  as 

114  heretofore  may  place  conduits  in  any  street  or  highway  where 

115  it  shall  have  been  granted  permission  to  locate  poles  and  wires, 

1 16  but  in  conformity  with  said  chapter  as  amended. 

117  (11)  Light  Time. — All  lights  in  all  public  or  dedicated  streets 

118  and  ways  shall  burn  or  be  kept  lighted  every  night  and  all  night, 

1 19  according  to  the  accompanying  copy  of  the  all  night  time  card 

120  for  the  lighting  and  extinguishing  of  electric  lamps  now  on  file 

121  in  the  office  of  the  commissioner  of  public  works.  Said  com- 

122  mittee  may  order  any  lights  under  any  railroad  bridges  for 

123  lighting  streets  thereunder  to  be  kept  lighted  during  such 

124  further  hours  of  any  day  as  said  committee  may  determine. 

125  Said  card  copy  shall  be  kept  on  file  in  the  office  of  the  city  clerk 

126  ( 12)  Outages. — To  prevent  and  remedy  outages,  said  compa. 

127  ny  shall  establish  and  maintain  an  efficient  system  of  patrol  for 

128  inspecting  all  arc  lamps  in  such  streets  and  ways,  and  any  lamp 


5 


129  which  fails  to  burn  properly  shall  be  promptly  reported  and  put 

130  in  order,  or  immediately  replaced.  For  such  inspection  a  suffi- 

131  cient  number  of  men  shall  be  employed  to  make  an  examination 

132  of  each  such  lamp  as  often  as  reasonably  required  by  said  com- 

133  mittee  and  said  engineer,  and  said  company  shall  use  all  due  ef" 

134  fort  to  secure  such  inspection.  Any  broken  globes  or  reflectors 

135  shall  be  replaced  by  sound  ones  as  soon  as  possible  after  the  same 

136  are  broken,  and  while  any  globes  or  reflectors  remain  broken  and 

137  not  replaced,  the  lights  there  shall  be  considered  as  out,  and  such 

138  outage  shall  be  deducted  from  the  price  of  such  lights.  The  police 

139  department  shall  report  daily  to  said  engineer  all  outages  and  the 

140  duration  thereof  so  far  as  observed  or  known  by  the  members 

141  of  said  department,  and  said  engineer  shall,  in  books  of  the  city 

142  to  be  kept  in  the  office  of  the  city  engineer,  make  and  preserve  a 

143  record  of  all  light  outages.  If  the  current  is  ordered  stopped  in 

144  case  of  fire  or  other  danger  by  any  official  of  the  city  in  the  per- 

145  formance  of  his  duty,  no  deduction  for  outage  shall  be  made  for 

146  the  time  stopped  pursuant  to  such  order,  nor  shall  deduction  be 

147  made  for  lamps  out  through  malicious  breakage  for  such  time 

148  as  is  necessary  to  replace  or  repair  the  same. 

149  (13)  Current. — Proper  current  shall  be  furnished  for  all 

150  lamps  and  to  maintain  the  lights  according  to  the  standard 

151  requirements.  It  is  agreed  that  said  engineer  is  authorized  to 

152  make  such  reasonable  examinations  and  tests  to  determine  the 

153  electrical  current  supplied  under  this  contract  as  he  may  deem 

154  necessary,  and  to  that  end  he  and  any  assistant  authorized  by 

155  him  shall  have  access  at  all  reasonable  times  to  all  buildings, 

156  manholes,  conduits,  subways,  poles,  lamps,  wires,  apparatus 

157  and  machinery  used  by  said  company  for  furnishing  lights  for 

158  the  city,  and  said  company  shall  furnish  space  at  their  stations 

159  for  such  recording  meters  as  the  city  may  provide.  He  may 


6 


160  attach  to  any  circuit  in  service  for  supplying  the  city  with  lights 

161  in  any  such  streets,  ways  or  parks,  at  such  point  or  points  as  he 

162  may  select,  one  or  more  ammeters,  voltmeters  or  other  measur- 

163  ing  instruments  properly  standardized,  and  maintain  the  same 

164  during  his  pleasure.  In  case  any  two  tests  made  by  said 

165  engineer  in  any  one  month  show  a  smaller  amount  of  electrical 

166  energy  in  any  circuit  in  service  for  supplying  lights  in  any  such 

167  streets,  ways  or  parks  than  is  called  for  by  this  contract,  such 

168  tests  shall  be  deemed  to  be  representative  of  the  month  for  that 

169  circuit  and  the  city  may  deduct  from  the  price  of  such  lights 

170  for  such  month  such  proportional  part  thereof  as  the  deficiency 

171  found  by  such  tests  shall  bear  to  the  required  standard  of 
1  72  electrical  energy ;  provided  that  said  company  shall  be  notified 

173  a  sufficient  time  in  advance  of  the  time  and  place  from  which 

174  said  engineer  is  to  start  to  make  any  examination  or  test  of  or 

175  in  any  such  building,  manhole,  conduit  or  subway,  so  that  a 

176  representative  of  said  company  may  accompany  him  and  observe 

177  the  making  of  such  examination  or  test. 

178  (14)  Lamps. — Said  engineer  fnay  at  any  time  remove  any 

179  lamps  or  electrodes  to  test  the  same,  but  before  doing  so  shall 

180  notify  said  company  of  such  intention,  and  said  company  shall 

181  immediately  place  other  lamps  or  electrodes  in  their  places.  He 

182  may  make  any  tests  of  the  light-giving  power  of  any  lamps 

183  when  burning  in  service.  Said  engineer  shall  notify  said  com- 

184  pany  of  the  place  and  time  of  any  such  test,  so  that  a  represen- 

185  tative  of  said  company  may  be  present  and  observe  the  making 

186  of  such  a  test.  In  case  the  light'giving  power  of  any  lamps 

187  shall  be  found  to  be  less  than  called  for  herein,  the  city  may 

188  deduct  from  the  price  of  the  lights  furnished  by  means  of  such 

189  lamps  such  proportional  part  thereof,  as  such  deficiency  in 

190  power  thereof  bears  to  the  light-giving  power  thereof  herein 


7 


191  required.  The  provisions  for  deduction  for  failure  to  furnish 

192  or  maintain  proper  current  or  lamps  shall  not  imply  any  right 

193  on  the  part  of  said  company  to  continue  to  use  such  defective 

194  lamps  or  to  operate  lights  under  reduced  power.  Said  company 

195  shall  permit  such  engineer  to  sample  and  test  any  or  all  lots  of 

196  electrodes  purchased  by  it. 

197  (15)  Discontinuance  of  Lights. — In  case  at  any  time  or 

198  times  during  said  term  any  light  or  lights  shall  be  found  by  the 

199  city  council  or  said  committee  and  said  engineer  to  be  unneces- 

200  sary  by  reason  of  the  substitution  for  any  lamp  or  lamps  or 

201  appurtenances  thereof  then  existing  in  any  such  street,  way  or 

202  park  of  any  lamp  or  lamps  or  appurtenances  of  greater  candle 

203  or  light  diffusing  power,  or  by  reason  of  any  changes  in  or 

204  rearrangement  of  the  location  or  locations  of  any  lamp  or  lamps, 

205  the  same  on  order  of  the  city  council  or  said  committe  and  said 

206  engineer  shall  be  discontinued,  and  the  fixtures  and  appur 

207  tenances  solely  used  therefor  shall  be  removed  by  said  company 

208  at  its  expense.  At  any  time  or  times  after  July  1,  1913,  during 

209  said  term,  the  city  council  for  any  reason  may  discontinue  any 

210  number  of  lights  being  furnished  the  city  by  said  company  in 

211  any  such  streets,  ways  or  parks,  but  not  to  such  extent  as  would 

212  decrease  at  any  time  the  total  number  of  lights  to  be  furnished 

213  the  city  by  said  company  in  such  streets,  ways  and  parks  to  less 

214  than  ninety-five  per  cent.  (95%)  of  the  definite  number  of  lights 

215  provided  for  hereunder  and  any  additions  thereto  hereafter 

216  ordered  and  installed,  ^and  on  order  of  the  city  council  the 

217  fixtures  and  appurtenances  solely  used  therefor  shall  be  removed 

218  by  said  company  at  its  expense. 

LIGHTING  IMPROVEMENTS. 

Sec.  2.  Said  company  shall  make  all  the  following  changes 
2  and  improvements  in  its  street  lighting  systems,  as  soon  as 


8 


3  practicable  after  the  delivery  of  this  agreement,  and  shall 

4  furnish  all  work,  labor,  materials,  fixtures  and  appurtenances 

5  required  therefor  wholly  at  its  own  expense.  All  the  present 

6  open  arc  and  incandescent  lights  furnished  the  city  in  the  public 

7  and  dedicated  streets  and  ways  in  the  city  shall  be  discontinued, 

8  as  soon  as  other  lights  are  installed  in  lieu  thereof  as  hereinafter 

9  provided.  New  arc  and  incandescent  lights  shall  be  installed  in 

10  such  of  the  public  and  dedicated  streets  and  ways  in  the  city, 

11  and  in  such  locations  therein  and  of  such  classes  and  numbers, 

12  but  not  less  than  the  total  number  of  seven  thousand  (7000) 

13  single  and  cluster  lights,  as  are  from  time  to  time  ordered 

14  by  said  committee  and  are  shown  on  plans  approved  from 

15  time  to  time  by  said  committee,  but  said  committee  may 

16  change  the  particular  but  not  general  locations  of  any 

17  of  the  same  at  any  time  prior  to  the  installation  there- 

18  of,  and  may  order  any  such  arc  or  incandescent  lamps 

19  to  be  substituted  for  any  such  incandescent  or  arc 

20  lamps. 

21  (2)  Arcs. — All  said  new  arc  lights  shall  be  of  the  type 

22  known  as  6.6  amperes  inverted  type  magnetite  arc  series 

23  lamps,  and  each  lamp  when  burning  shall  be  under  an 

24  electro-motive  force  of  from  75  to  80  volts,  and  take  not 

25  less  than  6.5  amperes  and  not  less  than  487.5  watts  at 

26  the  terminals  of  the  lamp  and  shall  be  sufficient  to  give 

27  light  in  amount  according  to  said  voltage,  and  shall  be 

28  kept  up  to  at  least  said  standard.  Any  such  lamp  or  part 

29  thereof  condemned  as  defective  by  said  engineer  shall  be 

30  repaired  or  replaced  by  said  company  as  soon  as  practi- 

31  cable.  Said  lamps  shall  have  opalescent  globes.  All  sin- 

32  gle  lamps  of  the  same  supplied  with  such  force  by  means  of 

33  and  in  connection  with  underground  conduits  shall  be  supported 


9 


34  upon  ornamental  iron  poles  of  substantially  the  design  shown 

35  in  the  accompanying  drawing  thereof,  and  all  cluster  lamps  of 

36  the  same  shall  be  supported  upon  ornamental  iron  poles  of 

37  substantially  the  design  shown  in  the  accompanying  drawing 

38  thereof,  except  that  in  special  cases  where  poles  cannot  be  con- 

39  veniently  used  or  would  be  inappropriate,  said  committee  and 

40  said  engineer  may  direct  that  any  such  single  or  cluster  lamps 

41  shall  be  supported  in  some  other  definite  manner.  All  of  the 

42  same  supplied  with  such  force  by  overhead  or  aerial  connections 

43  shall  be  supported  on  wooden  poles  by  iron  brackets  of  substan- 

44  tially  the  design  shown  in  the  accompanying  drawing  thereof. 

45  (3)  Incandescents. — ^All  said  new  incandescent  lights 

46  shall  be  of  the  type  known  as  60  candle  power  each,  heavy 

47  filament  street  series  tungsten  lamps;  except  that  instead  of 

48  series  they  shall  be  multiple,  and  instead  of  tungsten  they  may 

49  be  carbon  filament  if  the  tungsten  filament  is  found  to  be  imprac- 

50  ticable  in  use,  when  used  on,  over  or  under  any  bridges  of  the 

51  city  or  under  railroad  bridges  for  lighting  streets  thereunder; 

52  and  the  current  for  such  lamps  when  burning  shall  be  sufficient 

53  to  give  such  lights  of  60  candle  power  each  according  to  the 

54  unit  of  light  prescribed  and  maintained  by  the  United  States 

55  Bureau  of  Standards  and  known  as  the  International  Candle. 

56  All  the  same  shall  be  kept  up  to  said  standard.  Every  such  lamp 

57  shall  be  renewed  when  its  candle  power  has  decreased  to  ninety 

58  per  centum  of  its  initial  rated  candle  power.  All  lamps  of  the 

59  same  having  overhead  or  aerial  connections  shall  be  supported 

60  on  wooden  poles  by  iron  brackets  of  substantially  the  desigu 

61  shown  in  the  accompanying  drawing  thereof,  except  that  said* 

62  company  may  continue  to  use  the  present  brackets  now  in 

63  service  not  exceeding  2500  in  number,  for  supporting  incan- 

64  descent  lights.  All  single  lamps  of  the  same  having  under- 


10 


65  ground  connections  shall  be  supported  on  iron  poles  of  sub- 

66  stantially  the  design  shown  in  the  accompanying  drawing  there- 

67  of,  and  all  five  cluster  lamps  of  the  same  so  supplied  shall  be 

68  supported  upon  ornamental  iron  poles  of  substantially  the  design 

69  shown  in  the  accompanying  drawing  thereof,  and  all  three  and 

70  two  cluster  lamps  of  the  same  so  supplied  shall  be  supported 

71  upon  ornamental  iron  poles  of  substantially  the  design  shown  in 

72  the  accompanying  drawing  thereof,  except  that  in  special  cases 

73  as  aforesaid  said  committee  and  said  engineer  may  direct  that 

74  any  such  single  or  cluster  lamps  shall  be  supported  in  some  other 

75  definite  manner.  All  single  incandescent  street  lamps  shall  have 

76  radial  wave  reflectors  of  substantially  the  design  shown  in  the 

77  accompanying  drawing  thereof,  except  that  on  the  present 

78  brackets  now  in  service  the  present  type  of  reflectors  may  be 

79  used,  but  there  shall  be  no  mingling  of  said  two  types  on  any 

80  street  after  sufficient  time  to  make  the  necessary  changes.  Said 

81  brackets  and  reflectors  of  said  present  types  shall  be  located 

82  in  such  streets  as  designated  by  said  committee.  All  cluster 

83  incandescent  street  lamps  shall  have  opalescent  globes.  Upon 

84  the  delivery  of  this  agreement,  all  the  accompanying  drawings 

85  shall  he  kept  on  file  in  the  office  of  the  city  clerk. 

86  (4)  Installation  Time. — Within  fourteen  days  from  the 

87  date  of  the  order  of  sakl  committee,  all  the  present  incandes- 

88  cent  lamps,  which  are  to  be  replaced  with  said  new  incandes- 

89  cent  lamps,  and  which  are  located  on  poles  now  situated  at  the 

90  definite  locations  shown  on  such  plans  and  on  poles  of  the  kinds 

91  herein  specified  therefor,  shall  be  removed,  and  said  new  lamps 

92  installed  in  place  thereof.  Within  four  months  from  the  date 

93  of  the  delivery  of  this  agreement,  a  sufficient  number  of  said 

94  new  incandescent  lights  shall  be  installed  to  make  with  any 

95  present  incandescents  remaining  the  total  number  of  five  thou' 


11 


96  sand  (5000)  single  incandescents  in  service  in  such  public  or 

97  dedicated  streets  and  ways,  and  any  remainder  of  said  new 

98  incandescent  lights  and  all  the  new  arc  lights  shown  on  such 

99  plans  shall  be  installed  within  one  year  from  the  date  of  the 

100  delivery  of  this  agreement,  unless  said  company  is  delayed  in 

101  the  work  by  any  delay  in  the  orders  of  said  committee  or  by  any 

102  change  in  the  locations  thereof,  in  which  case  any  further 

103  necessary  time  shall  be  allowed  for  installing  any  lights 

104  affected  thereby,  but  not  more  than  the  time  of  the  delay 

105  caused  thereby.  In  case  any  delay  in  any  such  installation 

106  work  shall  be  caused  by  any  strikes,  act  of  God  or  other 

107  casualties  not  within  the  control  of  said  company,  any  further 

108  necessary  time,  not  exceeding  the  time  of  such  delay,  shall  be 

109  allow'ed  for  any  such  installation  work  aff'ected  thereby. 

110  ( 5 )  Gas  Lights  Discontinued. — Said  new  incandescent  lights 

111  shall  be  substituted  for  the  present  Welsbach  street  lights  at 

112  the  expiration  of  the  present  contract  with  the  Welsbach  Street 

113  Lighting  Company  of  America  which  extends  to  the  morning  of 

114  January  1,  1913,  and  the  same  shall  be  installed  in  the  locations 

115  shown  on  such  plans  and  in  ample  time  to  put  in  service  on  ^ 

116  January  1,  1913. 

117  (6)  Provisions  Apply  to  Further  Lights. — All  the  afore- 

118  going  provisions  so  far  as  applicable  shall  apply  to  the  installa- 

119  tion,  maintenance  and  service  of  or  relative  to  all  further  arc 

120  or  incandescent  lights  according  to  the  aforesaid  classes  thereof, 

121  hereafter  ordered  by  the  city  to  be  installed  in  any  such  public 

122  or  dedicated  streets  or  ways,  except  the  installation  thereof 

123  shall  be  as  soon  as  is  practicable  after  the  order  or  orders 

124  therefor. 

125  (7)  Parks. — Said  new  arc  and  incandescent  lights  shall  be 

126  installed  in  all  the  public  parks  of  the  city  in  substitution  for 


12 


127  the  ])rcsent  arcs  and  incandescents  therein  for  outdoor  lighting. 

128  Said  new  arc  and  incandescent  lights  in  substitution  for  or  in 

129  addition  to  the  present  number  of  lights  therein  shall  be  in- 

130  stalled  and  located  in  such  locations  therein  and  of  such  classes 

131  and  numbers  as  are  ordered  by  said  committee  and  shown  on 

132  plans  approved  by  it,  but  said  committee  may  change  the  par- 

133  ticular  but  not  the  general  locations  of  any  of  the  same  at  any 

134  time  prior  to  the  installations  thereof,  and  may  order  any  such 

135  arc  or  incandescent  lamps  'to  be  substituted  for  any  such  incan- 

136  descent  or  arc  lamps.  All  said  new  single  and  cluster  arcs 

137  and  single  and  cluster  incandescents  supplied  by  underground 

138  service  shall  be  supported  on  said  ornamental  iron  poles  for  the 

139  same  respectively,  and  shall  have  opalescent  globes.  All  said 

140  new  arc  and  incandescent  lights  in  Roger  Williams,  Hayward 

141  and  Tockwotton  parks  shall  be  supplied  by  underground  service 

142  therein,  and  said  company  at  its  expense  shall  install  therein  all 

143  neessary  underground  conduits,  ducts  and  appurtenances  neces- 

144  sary  therefor  and  maintain  the  same  during  the  term  of  this 

145  contract.  Any  new  underground  conduits  or  ducts  required 

146  therefor  shall  be  located  in  such  particular  places  therein,  as 

147  are  approved  by  said  committee,  said  engineer  and  the  board 

148  of  park  commissioners.  All  said  new  installations  shall  be 

149  made  as  soon  as  practicable,  but  not  later  than  one  year  from 

150  the  date  of  the  delivery  of  this  agreement,  unless  said  company 

151  is  delayed  in  the  work  by  any  failure  of  the  city  to  specify  the 

152  locations  of  any  such  additional  underground  conduits  or  ducts, 

153  or  by  any  delay  in  the  orders  of  said  committee  or  by  any 

154  change  in  the  locations  of  any  such  new  lights,  in  which  case 

155  any  further  necessary  time  shall  be  allowed  for  installing  any 

156  lights  affected  thereby,  but  not  more  than  the  time  of  the  delay 

157  caused  thereby.  In  case  any  delay  in  any  such  installation  work 

158  shall  be  caused  by  any  strikes,  act  of  God  or  other  casualties 


13 


159  not  within  the  control  of  said  company,  any  further  necessary 

160  time,  not  exceeding  the  time  of  such  delay,  shall  be  allowed  for 

161  any  such  installation  work  affected  thereby.  All  said  park 

162  lights  shall  be  extinguished  from  October  15  to  May  1  each 

163  year  at  midnight  and  from  May  1  to  October  15  each  year  at 

164  2  o’clock  A.  M.,  except  that  the  lights  on  or  to  light  the  road— 

165  way  in  Roger  Williams  Park  leading  from  the  Anne  Mann 

166  gates  at  Elmwood  avenue  to  Broad  street  and  the  lights  in 

167  Hayward  and  Tockwotton  parks  shall  burn  all  night.  All  the 

168  foregoing  installation  and  maintenance  provisions  relative  to 

169  street  lighting,  which  are  consistent  herewith,  shall  apply  to 

170  the  installation  and  maintenance  of  said  new  park  lights,  and  the 

171  service  to  be  given  thereby.  All  the  provisions  hereof  so  far 

172  as  applicable  shall  apply  to  the  installation,  maintenance  and 

173  service  of  or  relative  to  all  further  arc  or  incandescent  lights 

174  according  to  the  aforesaid  classes  thereof,  hereafter  ordered  by 

175  the  city  to  be  installed  in  any  such  parks,  except  that  the 
li76  installation  thereof  shall  be  as  soon  as  practicable  after  the 
177  order  or  orders  therefor. 

PRICE  OF  LIGHTS. 

Sec  3. — For  and  during  the  period  from  and  after  the  morn- 

2  ing  of  July  1,  1912,  to  the  morning  of  July  1,  1916,  inclusive, 

3  the  price  of  all  series  arc  and  incandescent  lights  of  said  types 

4  and  classes,  and  of  any  such  incandescent  lights  used  for 

5  multiple  lighting,  in  such  public  or  dedicated  streets  and  ways 

6  in  the  city  and  in  the  public  parks  of  the  city  ordered  by  the 

7  city  for  outdoor  lighting  of  the  same  shall  be  as  follows. 

8  (2)  Arc  Prices. — For  each  of  said  new  single  arc  lights 

9  supported  upon  the  ornamental  pole  therefor  and  supplied  by 
10  underground  service,  to  burn  all  night  and  every  night,  eighty- 


\ 


14 


11  live  dollars  ($85)  per  year.  For  each  of  the  same  supported 

12  upon  a  wooden  pole  and  the  ornamental  bracket  therefor  and 

13  supplied  by  overhead  or  aerial  service,  to  burn  all  night  and 

14  every  night,  seventy-five  dollars  ($75)  per  year.  For  each  set 

15  of  triple  cluster  arc  lights  supported  upon  the  ornamental  pole 

16  therefor,  and  supplied  by  underground  service,  to  burn  all  night 

17  and  every  night,  two  hundred  and  thirty-five  dollars  ($235) 

18  per  year.  For  each  single  arc  light  or  set  of  triple  cluster  arc 

19  lights  in  special  cases  as  aforesaid  not  supported  upon  any  pole, 

20  the  price  therefor  shall  be  diminished  or  increased  according  to 

21  the  difference  between  the  cost  to  the  company  of  the  pole  and 

22  service  connections  therefor  and  the  cost  of  the  special  support 

23  and  the  service  connections  thereof,  and  as  agreed  upon  by  said 

24  committee  and  said  company.  For  each  arc  light  of  the  type 

25  now  in  use  to  burn  all  night  and  every  night  luitil  discontinued, 

26  one  hundred  dollars  ($100)  per  year,  but  subject  to  change  in 

27  price  as  hereinafter  provided.  For  each  single  arc  light  and 

28  each  set  of  cluster  arc  lights  ordered  to  be  extinguished  at 

29  midnight  the  prices  shall  be  at  the  rate  of  fifty-five  (55)  per 

30  centum  of  the  said  prices  fo^  the  same  respectively  for  all  night 

31  lighting,  and  for  each  of  the  same  ordered  to  be  extinguished 

32  after  midnight  and  before  morning  the  price  for  the  additional 

33  hours  burned  shall  be  proportionate  to  the  price  for  all  night 

34  lighting. 

35  (3)  Incandescent  Prices. — For  each  of  said  new  single 

36  incandescent  lights  supported  upon  a  wooden  pole  and  the 

37  ornamental  bracket  therefor  and  supplied  by  overhead  or 

38  aerial  service,  to  burn  all  night  and  every  night,  seventeen 

39  dollars  ($17)  per  year.  For  each  of  the  same  supported  upon 

40  the  ornamental  iron  pole  therefor  and  supplied  by  underground 

t 

41  service,  to  burn  all  night  and  every  night,  twenty-two  dollars 


15 


42  ($22)  per  year.  For  each  set  of  five  cluster  incandescent  lights 

43  supported  upon  the  ornamental  iron  pole  therefor  and  supplied 

44  by  underground  service,  to  burn  all  night  and  every  night, 

45  ninety-five  dollars  ($95)  per  year.  For  each  set  of  three  or  two 

46  cluster  incandescent  lights  supported  upon  the  ornamental  iron 

47  pole  therefor,  and  supplied  by  underground  service,  to  burn  all 

48  night  and  every  night  sixty-one  dollars  ($61)  per  year  for  the 

49  three  cluster,-  and  forty-four  dollars  ($44)  per  year  for  the  two 

50  cluster  lights.  For  each  single  incandescent  light  or  set  of 

51  cluster  incandescent  lights  in  special  cases  not  supported  upon 

52  any  pole,  the  price  therefor  shall  be  diminished  or  increased 

53  according  to  the  difference  between  the  cost  to  the  company  of 

54  the  pole  and  service  connections  therefor  and  the  cost 

55  of  the  special  support  and  the  service  connections  thereof,  and 

56  as  agreed  upon  by  said  committee  and  said  company.  For  each 

57  incandescent  light  of  the  type  now  in  use  to  burn  all  night  and 

58  every  night  until  discontinued,  at  the  rate  of  twenty-four  dol- 

59  lars  ($24)  per  year,  but  subject  to  change  in  price  as  hereinafter 

60  provided.  For  each  single  incandescent  light  and  each  set  of 

61  cluster  incandescent  lights  ordered  to  be  extinguished  at  mid" 

62  night, the  prices  shall  be  at  the  rate  of  fifty-five  (55)  per 

63  centum  of  the  said  prices  for  the  same  respectively  for  all  night 

64  lighting,  and  for  each  of  the  same  ordered  to  be  extinguished 

65  after  midnight  and  before  morning  the  price  for  the  additional 

66  hours  burned  shall  be  proportionate  to  the  price  for  all  night 

67  lighting. 

68  (4)  Times  N eiv  Prices  Begin. — When  each  new  single  arc  or 

69  set  of  cluster  arcs,  whether  with  overhead  or  underground  con- 

70  nections,  is  installed  in  condition  for  lighting  service  in  any  such 

71  public  or  dedicated  street  or  way  or  public  park,  the  price  for 

72  said  new  light  or  new  set  of  lights  shall  immediately  apply.  At 


16 


73  the  expiration  of  one  year  from  the  date  of  the  delivery  of  this 

74  agreement  the  new  prices  for  all  single  arc  lights  shall  immed- 

75  lately  apply  to  any  present  arc  lights  therein,  which  have  not 

76  then  been  discontinued  and  replaced  by  the  new  arcs,  unless  the 

77  delay  in  the  work  was  caused  l)y  any  failure  of  the  city  to 

78  specify  the  locations  of  any  such  additional  conduits  or  ducts  in 

79  any  such  parks  or  by  any  delay  in  the  orders  of  said  committee 

80  or  by  any  change  in  the  locations  of  any  such  new  lights,  in 

81  which  case  the  new  prices  shall  apply  to  any  such  present  arc 

82  lights  afifected  thereby  at  the  expiration  of  such  further  time 

83  as  is  necessary  to  replace  the  same,  but  not  exceeding  tlie  time 

84  of  the  delay  caused  thereby.  At  the  expiration  of  fourteen 

85  days  from  the  date  of  the  order  of  said  committee  first  men-" 

86  tioned  in  Section  2  paragraph  4  thereof,  the  price  of  all  the 

87  present  incandescent  lights  supplied  by  overhead  c-r  aerial  ser- 

88  vice,  which  have  not  then  been  removed,  furnished  the  city  to 

89  burn  all  night  and  every  night  in  such  streets,  ways  and  parks, 

90  shall  be  reduced  to  the  rate  of  twenty-one  dollars  ($21)  per 

91  light  per  year,  and  all  the  same  supplied  by  underground  service 

92  shall  be  reduced  to  the  rate  of  twenty-two  dollars  ($22)  per 

93  light  per  year.  The  price  of  said  new  single  incandescent  lights, 

94  installed  within  or  after  said  fourteen  days  whether  with  over- 

95  head  or  underground  connections,  and  whether  in  substitution 

96  for  the  present  incandescents  or  in  addition  thereto,  to  burn  all 

97  night  and  every  night,  shall  be  as  supplied  by  overhead  or  aerial 

98  service  at  the  rate  of  twenty-one  dollars  ($21)  per  light  per 

99  year,  and  as  supplied  by  underground  service  at  the  rate  of 

100  twentytwo  dollars  ($22)  per  light  per  year,  until  there  shall  he 

101  installed  a  sufficient  number  of  said  new  single  incandescents  to 

102  make  with  any  present  incandescents  remaining  the  total  number 

103  of  five  thousand  (5000)  single  incandescents  in  service  in  such 

104  streets,  ways  and  parks,  whereupon  said  prices  for  said  new 


\ 


17 


105  single  incandescent  lights  according  to  the  several  classes 

106  thereof,  as  specified  in  paragraph  3  of  this  section,  shall  apply, 

107  and  shall  also  then  apply  to  all  present  incandescent  lights 

108  according  to  such  classes  then  remaining  until  removed  as 

109  aforesaid,  but  if  said  total  number  of  such  lights  in  service  in 

110  said  streets,  ways  and  parks  shall  not  be  five  thousand  at  the 

111  end  of  four  months  from  the  date  of  the  delivery  jf  this  agree- 

112  ment,  said  prices  for  said  new  single  incandescent  lights  shall 

113  immediately  apply  and  also  to  all  present  incandescent  lights 

114  then  remaining  as  aforesaid,  unless  the  delay  in  the  work  was 

115  caused  as  aforesaid,  in  which  case  said  prices  shall  apply  at  the 

116  expiration  of  such  further  time  as  is  necessary  to  install  such 

117  number  of  said  lights  as  said  company  was  delayed  in  installing 

118  by  reason  of  any  such  cause,  to  reach  said  total  number  of  five 

119  thousand  lights,  but  not  exceeding  the  time  of  the  delay  caused 

120  thereby.  When  said  prices  for  single  incandescents  specified 

121  in  said  paragraph  take  effect  as  aforesaid,  the  same  shall  apply 

122  to  all  the  new  single  incandescent  lights  thereafter  installed. 

123  The  price  for  each  set  of  cluster  incandescent  lights  shall  apply, 

124  when  the  same  is  installed  in  condition  for  service.  Upon  the 

125  application  of  said  prices  respectively,  the  pro  rata  prices  for 

126  any  such  lights  as  are  extinguished  at  midnight  or  later  shall 

127  apply.  In  case  any  delay  in  any  such  installation  work  shall 

128  be  caused  by  any  strikes,  act  of  God  or  other  casualties  not 

129  within  the  control  of  said  company,  any  further  necessary  time, 

130  not  exceeding  the  time  of  such  delay,  shall  be  allowed  for  any 

131  such  installation  work  affected  thereby,  before  said  prices  shall 

132  apply  to  any  lights  affected  thereby  or  in  consequence  of  any 

133  such  time  limitations. 

134  (5)  Outages. — ^If  any  such  arc  or  incandescent  light  or 

135  lights  for  any  reason  shall  not  be  lighted  at  the  time  fixed,  or 


18 


136  shall  go  out  or  be  extinguished  before  the  time  fixed  theretor, 

137  such  deduction  shall  be  made  from  the  price  of  each  light  or 

138  set  of  cluster  lights  for  the  time  not  lighted  or  burning  as  shall 

139  be  proportionate  to  the  ratio  that  such  time  bears  to  the  required 

140  light  time,  except  as  hereinbefore  otherwise  specially  provided. 

141  (6)  Special  Miultiple  Lighting  Price. — The  price  of  any 

142  special  multiple  lighting  furnished  the  city  on,  over  or  under 

143  any  bridges  of  the  city  or  under  railroad  bridges,  ordered  to  be 

144  continued  for  longer  time  than  hereinbefore  provided,  shall  be 

\ 

145  for  such  additionel  time  proportionate  to  the  all  night  lighting 

146  price. 


PRICE  OF  LIGHTS  FOR  SUBSEQUENT  PERIODS. 

Sec.  4.  For  and  during  the  period  of  three  years  from  and 

2  after  the  morning  of  July  1,  1916,  to  the  morning  of  July  1, 

3  1919,  inclusive,  and  for  and  during  the  period  of  three  years 

4  from  and  after  the  morning  of  July  1,  1919,  to  the  morning  of 

5  July  1,  1922,  inclusive,  the  price  of  all  arc  and  incandescent 

6  lights  of  all  types  and  classes  and  of  all  other  types  and  classes 

7  of  electric  lights,  if  any,  ordered  by  the  city  to  be  placed  or 

8  used  in  such  public  or  dedicated  streets  and  ways  in  the  city 

9  and  in  the  public  parks  of  the  city  for  outdoor  lighting  of  the 

10  same,  shall  be  such  for  each  of  said  periods  as  may  be 

11  determined  by  mutual  agreement,  or  in  default  thereof  by  arbi- 

12  tration  as  hereinafter  provided. 

13  (2)  Determination  of  Prices. — During  the  time  beginning  nine 

14  calendar  months  next  before  and  ending  four  calendar  months 

15  next  before  the  commencement  of  each  of  said  periods,  the 

16  city  council  of  the  city  and  said  company  shall  agree,  if  possi- 

17  ble,  upon  the  prices  for  such  lights  for  such  next  ensuing  period, 

18  and  if  they  shall  not  agree  upon  the  same  within  said  time  and 


19 


19  prior  to  four  calendar  months  next  before  the  beginning  of 

20  such  next  ensuing  period,  said  city  council  for  the  city  and  said 

21  company,  or  its  successors  in  interest,  shall  each  select  an 

22  arbitrator,  and  give  the  other  party  written  notice  thereof, 

23  accompanied  by  a  copy  of  the  written  acceptance  of  the  appoint- 

24  ment  by  the  arbitrator,  not  later  than  three  calendar  months 

25  next  before  the  beginning  of  such  next  ensuing  period,  and  if 

26  either  of  the  parties  shall  fail  so  to  do,  the  arbitrator  appointed 

27  by  the  other  party  in  conformity  herewith  shall  be  the  sole 

28  arbitrator.  The  two  arbitrators  so  appointed  shall  select  a 

29  third  arbitrator,  but  if  they  fail  to  agree  upon  such  third 

30  arbitrator  within  fifteen  days  after  such  appointment  and  notice, 

31  the  third  arbitrator  shall  be  appointed  by  the  Chief  Justice  of 

32  the  Supreme  Court  of  the  State  of  Rhode  Island.  The  arbi- 

33  trators  shall  give  the  parties  and  their  counsel  opportunity  to 

34  be  heard  and  to  present  their  evidence,  and  shall  make  their 

35  determination  of  the  prices  to  be  paid  for  said  lights  for  and 

36  during  such  next  ensuing  period  in  writing,  and  deliver  a  signed 

37  copy  thereof  to  each  of  the  parties,  which  determination  by  a 

38  majority  of  the  arbitrators  or  by  the  arbitrator,  if  but  one,  shall 

39  be  final  and  conclusive.  If  any  arbitrator  for  any  reason  shall 

40  not  serve  or  continue  to  serve,  such  vacancy,  within  thirty  days 

41  after  notice  of  its  occurrance,  shall  be  filled  in  like  manner  as 

42  the  original  appointment  of  such  arbitrator,  and  notice  of  the 

43  new  appointment  accompanied  by  a  copy  of  the  written  accept 

44  ance  of  such  new  arbitrator  shall,  within  said  period  of  thirty 

45  days,  be  given  to  the  party  concerned  not  making  the  appoint- 

46  ment  and  to  the  remaining  arbitrators.  If  such  vacancy  or 

47  notice  be  not  so  filled  or  given,  the  same  shall  be  filled  by  said 

48  Chief  Justice.  All  fees  and  expenses  of  the  arbitrators  shall 

49  be  paid  by  both  parties  equally,  and  every  such  arbitrator  shall 


20 


50  be  deemed  to  be  employed  by  both  parties.  Every  witness 

51  before  testifying  shall  be  duly  sworn  before  an  officer  qualified 

52  to  take  oaths. 

53  (3)  Provisions  Relative  to  Subsequent  Periods. — During 

54  each  of  said  subsequent  periods  the  aforegoing  provisions 

55  relative  to  said  first  period  shall  apply,  so  far  as  applicable,  to 

56  all  lights  installed  tlieretofore  or  during  the  period  and  fur' 

57  nished  the  city  during  the  same  for  outdoor  lighting  of  such 

58  streets  and  ways  and  parks,  and  to  the  location,  installation  and 

59  maintenance  of  the  fixtures  and  appurtenances  therefor,  except 

60  the  prices  therefor,  unless  any  of  the  same  shall  be  changed  by 

61  mutual  agreement. 

FURTHER  GENERAL  PROVISIONS. 

Sec.  5.  All  lights  furnished  the  city  under  this  contract  shall 

2  be  subject  to  the  relevant  provisions  of  Chapter  54  of  the 

3  Revised  Ordinances  of  1899  entitled  “Wires”  and  any  and  all 

4  ordinances  in  amendment  thereof  and  in  addition  thereto,  which 

5  do  not  deprive  said  company  of  any  rights  secured  to  it  by  law, 

6  including  all  provisions  respecting  the  location,  installation  and 

7  maintenance  of  all  fixtures  and  appurtenances,  except  that  the 

8  provisions  of  said  ordinances  requiring  application  to  the  city 

9  council  to  locate,  place,  construct,  use  and  maintain  the  fixtures 

10  and  appurtenances  therefor,  and  limiting  the  time  for  the  exer— 

11  cise  of  th.e  privilege  shall  not  apply  to  locating,  relocating  and 

12  installing  the  lights  and  in  the  locations  called  for  by  this  con- 

13  tract,  as  shown  on  such  .plans,  but  the  new  installations  called 

14  for  by  this  contract  shall  be  made  within  the  times  specified 

15  herein  for  the  same  respectively,  and  any  future  installations 

16  ordered  at  any  time  or  times  during  the  entire  period  of  this 

17  contract  shall  be  made  within  any  definite  time  or  times  reason— 

18  ably  specified  by  the  city  council  therefor. 


21 


19  (2)  Grant  for  N eiv  and  Relocated  Lights. — There  is 

20  hereby  granted  to  said  company  the  right  'to  locate,  place, 

21  construct,  use  and  maintain  all  poles,  wires,  cables  and  other 

22  fixtures  and  appurtenances  required  for  locating  or  relocating 

23  and  installing  and  furnishing  the  lights  and  in  the  locations 

24  shown  on  such  plans,  for  and  during  the  period  of  this 

25  contract,  and  upon  the  expiration  thereof,  unless  this  contract 

26  shall  be  continued  in  force,  or  a  new  contract  shall  be 

27  made  by  the  city  with  said  company,  or  its  successors 

28  in  interest,  for  lighting  such  streets,  ways  and  parks,  upon 

29  order  of  said  city  council  all  overhead  or  aerial  and  under- 

30  ground  poles,  wires,  cables,  fixtures  and  appurtenances  in  such 
,  31  streets  and  ways  pertaining  solely  to  furnishing  to  or  for  the 

32  city  lights  in  such  streets  and  ways  (but  not  including  any  main 

33  conduits  or  wires  or  cables  in  such  conduits  therein),  and  all 

34  poles,  wires  and  other  overhead  fixtures  and  appurtenances  in 

35  such  parks  pertaining  to  furnishing  outdoor  ligliting  therein, 

36  except,  in  case  the  option  of  purchase  under  Section  10  hereof 

37  is  exercised,  such  of  the  same  in  such  streets,  ways  and  parks, 

38  as  are  included  within  said  option  as  exercised,  shall  be  promptly 

39  removed  by  said  company  or  its  successors  in  interest  at  its  or 

40  their  expense ;  and  all  the  present  underground  conduits  and 

41  ducts  in  any  and  all  such  parks  shall  be  left  therein  as  the  prop- 

42  erty  of  the  city  and  in  good  condition  for  use  for  the  purpose  or 

43  purposes  installed ;  and  all  wires  and  cables  in  such  present  con- 

44  duits  and  ducts  in  such  parks  and  all  underground  conduits  and 

45  ducts  and  wires  and  cables  therein  hereafter  installed  pursuant 

46  to  this  contract  or  otherwise  in  any  and  all  such  parks  shall  be 

47  left  therein  in  good  condition  for  use  for  the  purpose  or  pur- 

48  poses  installed,  but  the  city  shall  purchase  from  said  co'mpany, 

49  its  successors  or  assigns,  all  wires  and  cables  then  left  in  such 

50  present  conduits  and  ducts  in  such  parks  and  all  such  under- 

22 


51  ground  conduits  and  ducts  and  wires  and  cables  therein,  which 

52  are  hereafter  installed  and  then  left  in  any  and  all  such  parks, 

53  for  such  fair  cash  price  as  may  be  agreed  upon  by  said  city 

54  council  and  said  company,  or  in  case  they  should  not  agree  upon 

55  the  same  within  three  months  from  July  1,  1922,  such  prices 

56  shall  be  determined  by  arbitration  in  the  same  manner  in  all 

57  respects  as  hereinbefore  provided,  except  that  said  city  council 

58  for  the  city  and  said  company  shall  each  appoint  an  arbitrator 

59  and  give  the  required  notice  thereof  and  a  copy  of  the  accept- 

60  ance  of  the  arbitrator  within  four  months  from  said  date. 

61  The  price  basis  of  such  purchase  shall  be  the  fair  cash  value 

62  only  of  the  physical  property  as  so  installed,  and  in  its  then 

63  condition  at  the  time  of  such  purchase. 

64  (3)  Price-  for  Further  New  Types  of  Lights. — If  at  any 

65  time  during  any  of  the  several  periods  of  this  contract  any  other 

66  type  of  electric  light  shall  be  adopted  under  the  provisions 

67  hereof,  and  shall  be  ordered  by  said  city  council  to  be  furnished 

68  by  said  company  for  lighting  such  streets,  ways  or  parks  or  any 

69  parts  thereof,  the  price  therefor  shall  be  such  as  may  be  mutual- 

70  ly  agreed  upon  by  said  city  council  and  said  company,  or  in  case 

71  they  should  not  agree  upon  the  price  within  three  months 

72  after  the  adoption  of  the  same,  the  price  therefor  shall  be 

73  determined  by  arbitration  in  the  same  manner  in  all  respects 

74  as  hereinbefore  provided,  except  that  said  city  council  for  the 

75  city  and  said  company  shall  each  appoint  an  arbitrator  and  give 

76  the  required  notice  thereof  and  a  copy  of  the  acceptance  of  the 

77  arbitrator  within  four  months  after  the  adoption  of  the  same, 

78  but  in  fixing  the  price  for  such  other  new  type  of  light,  any  loss 

79  suftered  by  said  company  by  the  discontinuance  of  any  type  of 

80  light  in  service  or  the  substitution  therefor  of  such  new  type, 

81  shall  be  considered  in  fixing  the  price  for  such  new  type  of 

82  light. 


23 


LIGHTS  FOR  PUBLIC  BUILDINGS. 


Sec.  6.  All  lights  for  lighting  public  buildings  or  incident 

2  thereto,  and  all  other  multiple  lights  except  on,  over  or  under 

3  bridges  of  the  city  or  under  railroad  bridges,  furnished  the  city, 

4  shall  be  furnished  during  said  period  of  ten  years  at  the  same 

5  and  no  greater  rates  or  prices  than  charged  during  said  period 

6  by  said  company  for  lights  in  private  buildings  or  places  under 

7  similar  conditions. 

TIME  FOR  PAYMENT  FOR  LIGHTS. 

Sec.  7.  The  city  shall  pay  to  said  company  all  sums  of 

2  money  due  for  all  lights  furnished  the  city  during  each  calendar 

3  month  included  in  the  term  of  this  contract,  .on  or  before  the 

4  twentieth  day  of  each  next  succeeding  month,  provided  the 

5  bills  therefor  are  presented  within  the  first  five  days  of  such 

6  next  month,  or  if  any  such  bill  is  later  presented,  payment  of 

7  the  amount  due  thereon  shall  be  made  on  or  before  the  fifteenth 

8  day  next  following  the  presentation  of  the  same,  unless  payment 

9  of  any  of  the  same  shall  be  delayed  pending  the  adjustment  of 
10  any  question  arising  as  to  the  bill  or  the  amount  thereof. 

POWER. 

Sec.  8.  All  currents  of  electricity  for  power  or  heat,  ordered 

2  by  the  city  council  or  the  duly  authorized  officers  or  representa- 

3  tives  of  the  city  to  be  furnished  to  or  for  the  city  by  said 

4  company  during  said  period  of  ten  years  shall  be  furnished  at 

5  the  same  and  no  greater  rates  or  prices  than  said  company  dur- 

6  ing  said  period  shall  charge  generally  for  delivery  under  the 

7  same  conditions  and  for  the  same  amount  taken.  Bills  therefor 

8  shall  be  presented  and  paid  as  provided  for  lights. 


24 


FUTURE  INVENTIONS  OR  IMPROVEMENTS  AFFECTING  COSTS. 


Sec.  9.  In  case  at  any  time  during  said  period  of  ten  years 

2  any  discovery,  invention  or  improvement  in  electricity,  or  in 

3  electrical  machinery,  appliances,  fixtures  or  appurtenances  for 

4  furnishing  electricity  for  lights,  shall  be  made,  which  if  adopted 

5  and  used  by  said  company  would  be  of  such  greater  practical 

6  and  commercial  value  than  the  means  then  used  or  employed  by 

7  said  company  for  furnishing  lights  as  to  reasonably  warrant 

8  said  company  to  adopt  and  use  the  same,  and  which  would  cause 

9  a  material  reduction  in  the  cost  of  furnishing  lights  or  any  class 

10  or  classes  of  lights  for  streets,  buildings  or  other  places  in  the 

11  city,  said  company  upon  order  of  said  city  council  shall  either 

12  adopt  and  use  the  same  in  the  city  as  soon  as  practicable  there- 

13  after,  and  upon  the  same  being  so  put  in  use,  or  in  case  of  any 

14  failure  of  said  company  so  to  do  as  soon  as  practicable  there- 

15  after,  the  price  for  lights  furnished  the  city  from  the  time  of 

16  such  use  or  such  failure  shall  be  reduced  by  said  company 

17  reasonably  with  reference  to  such  reduced  cost  of  furnishing 

18  lights  or  such  class  or  classes  of  lights,  or  regards  any  lights 

19  or  class  or  classes  of  lights  continued  to  be  furnished  as  there- 

20  tofore  reasonably  with  reference  to  the  reduced  cost  securable 

21  if  the  same  were  used,  and  as  may  be  agreed  upon  by  said  city 

22  council  and  said  company.  If  said  company  should  object  to 

23  any  such  order  and  give  notice  thereof  to  said  city  council 

24  within  sixty  days  from  the  passage  thereof,  the  question  of  the 

25  propriety  of  such  order  hereunder  shall  be  determined  by 

26  arbitration,  and  if  such  order  is  sustained  by  the  arliitrators 

27  or  a  majority  thereof,  the  proper  amount  of  any  such  price 

28  reduction  shall  also  be  determined  by  the  same  arbitrators  or  a 

• 

29  majority  thereof,  if  said  city  council  and  said  company  shall 

30  not  have  agreed  upon  the  same  prior  to  the  appointment  of  such 


25 


31  arbitrators.  In  case  of  disagreement  only  as  to-  the  proper 

32  amount  of  such  reduction,  if  said  city  council  and  said  company 

33  shall  not  agree  upon  the  same  within  sixty  days  from  the  date 

34  of  such  order,  the  same  shall  be  determined  by  arbitration. 

35  The  arbitration  shall  be  in  the  same  manner  in  all  respects  as 

36  hereinbefore  provided,  except  that  said  city  council  for  the 

37  city  and  said  company  shall  each  appoint  an  arbitrator  and  give 

38  the  required  notice  thereof  and  a  copy  of  the  acceptance  of  the 

39  arbitrator  within  thirty  days  after  such  notice  of  such  objection, 

40  or  in  case  of  failure  to  agree  only  upon  the  amount  of  such 

41  reduction  within  the  time  hereinbefore  specified  therefor,  then 

42  within  three  months  after  the  date  of  such  order.  If  said 

43  company  voluntarily  and  without  any  such  order  shall  adopt 

44  and  use  any  such  discovery,  invention  or  improvement,  it  shall 

45  properly  reduce  the  price  of  all  lights  or  class  or  classes  of  lights 

46  furnished  the  city  and  affected  thereby  the  same  as  aforesaid, 

47  and  if  said  company  and  the  city  should  not  agree  upon  the 

48  amount  of  such  reduction,  the  same  shall  be  determined  by 

49  arbitration  in  the  same  manner  in  all  respects  as  hereinbefore 

50  provided,  except  that  said  city  council  for  the  city  and  said 

51  company  shall  each  appoint  an  arbitrator  and  give  the  required 

52  notice  thereof  and  a  copy  of  the  acceptance  of  the  arbitrator 

53  within  thirty  days  after  the  city  shall  give  said  company  notice 

54  in  writing,  that  it  requires  the  amount  of  such  reduction  to  be 

55  determined  by  arbitration.  Any  such  reduction  shall  continue 

56  to  be  made  for  and  throughout  the  remainder  of  the  current 

57  price  period,  and  until  changed  by  mutual  agreement,  or 

58  until  such  prices  shall  be  further  reduced  by  said  company. 

59  Pending  any  such  agreement  or  determination,  the  city 

60  shall  pay  for  all  lights  furnished  it  by  said  company  the  same  as 

61  theretofore,  but  upon  any  such  agreement  or  determination,  by 

62  which  any  such  price  reduction  shall  be  made,  the  amounts  of 


26 


63  the  reduction  shall  be  rebated  and  paid  by  said  company  to  the 

64  city  on  all  bills  paid,  or  credited  on  any  unpaid  bills,  for  lights 

65  furnished  the  city  from  the  time  such  discovery,  invention  or 

66  improvement  was  put  in  use  as  aforesaid,  or  from  the  time  it 

67  could  have  been  so  put  in  use  after  such  order. 

OPTION  TO  PURCHASE  LIGHTING  FIXTURES. 

Sec.  10.  Upon  the  termination  of  this  contract,  the  city 

2  shall  have  the  right  to  purchase  all  poles,  lamps,  wires,  cables, 

3  service  lateral  ducts  and  all  overhead  or  aerial  and  under- 

4  ground  fixtures  and  appurtenances,  used  by  said  company,  or 

5  its  successors  in  interest,  solely  in  furnishing  the  city  lights  in 

6  such  streets  and  ways,  and  all  overhead  or  aerial  poles,  wires, 

7  fixtures  and  appurtenances  in  such  parks,  used  by  said  company 

8  for  outdoor  lighting  thereof,  or  any  part  or  parts  of  any  of  the 

9  same,  but  not  including  in  the  same  any  main  conduits  or  wires 

10  or  cables  in  such  conduits  in  any  such  streets  or  ways,  upon 

1 1  the  terms  and  conditions  hereinafter  specified ;  provided  it  shall 

12  notify  said  company,  its  successors  or  assigns,  in  writing  of  its 

13  acceptance  of  this  option  and  therein  shall  generally  describe 

14  or  designate  the  property  or  the  part  or  parts  thereof  to  be 

15  purchased  at  least  four  months  prior  to  July  1,  1922.  Upon 

16  such  notice  said  fixtures  and  appurtenances  to  be  purchased 

17  shall  not  be  removed  pursuant  to  any  requirement  in  paragra])h 

18  2  of  Section  5  hereof,  and  at  the  end  of  said  term  shall  be  left 

19  in  their  locations  in  good  condition  for  use.  The  city  sliall 

20  have  the  right  on  and  after  July  1,  1922,  to  use  immediately 

21  said  fixtures  and  appurtenances  to  be  purchased  without  any 

22  charge  for  such  use  except  interest  on  the  price  as  hereinafter 

23  provided.  The  price  basis  shall  be  the  fair  cash  value  only  of 

24  the  physical  property  to  be  purchased  as  so  installed  and  in  its 

25  then  condition  at  the  time  of  such  purchase,  and  the  said 


27 


26  provision  for  removing  any  of  the  same  shall  not  affect  the 

27  value  of  the  physical  property  installed,  and  the  option  accept- 

28  ance  and  use  of  the  property  shall  not  imply  or  confer  any 

29  franchise  value  upon  or  relative  to  any  of  the  same,  and  no 

30  franchise  value  whatever  relative  to  any  of  the  same  shall  be 

31  included  in  such  value  or  price.  Said  company,  its  successors 

32  or  assigns,  and  the  city  shall  agree,  if  possible,  upon  the  price 

33  for  the  same,  but  if  they  shall  not  agree  upon  the  price  within 

34  three  months  from  the  date  such  notice  is  given,  the  fair  cash 

35  value  of  the  same  and  the  corresponding  price  of  the  same  shall 

36  be  determined  by  arbitration  in  the  same  manner  in  all  respects 

37  as  hereinbefore  provided,  except  that  said  company,  its  succes- 

38  sors  or  assigns,  and  the  city  council  for  the  city  shall  each 

39  appoint  an  arbitrator,  and  give  the  required  notice  thereof  and 

40  copy  of  the  acceptance  of  the  arbitrator,  within  four  months 

41  from  the  date  such  notice  is  given.  The  price  as  determined 

42  by  agreement  or  arbitration  shall  be  paid  in  cash  within  ninety 

43  days  from  the  date  when  determined,  and  also  interest  thereon 

44  at  the  rate  of  six  per  centum  per  annum  from- the  end  of  said 

45  term  until  the  time  of  such  payment,  and  if  not  paid  within  the 

46  time  required,  any  and  all  rights  under  said  option  to  use  or 

47  purchase  the  same  may  be  immediately  terminated  by  said 

48  company,  its  successors  or  assigns,  or  if  it  should  not  so  elect, 

49  said  company,  its  successors  or  assigns,  may  recover  such  price 

50  and  interest  from  the  city.  Upon  the  termination  of  this  con- 

51  tract,  if  the  city  shall  decide  to  produce  its  own  currents  of 

52  electricity  for  lighting  its  streets  it  shall  have  the  further  option 

53  to  lease  from  said  company,  its  successors  or  assigns,  for  the 

54  period  of  ten  years,  such  space,  cables  and  wires  in  any  or  all 

55  its  main  conduits  then  existing  or  thereafter  during  said  period 

56  constructed  in  such  streets  and  ways,  and  the  right  to  jointly 

57  use  such  poles  and  pole  appurtenances  of  said  company,  its 

28 


58  successors  or  assigns,  in  any  such  streets  and  ways,  not 

59  purchased  by  the  city  under  its  option  hereinbefore  set  forth, 
()0  as  are  reasonably  required  by  the  city  to  convey  and  distribute 
()1  currents  of  electricity  for  the  sole  purpose  of  lighting  such 

62  streets,  ways  and  parks  during  said  period  upon  the  terms  and 

63  conditions  hereinafter  specified ;  provided  it  shall  notify  said 

64  company,  its  successors  or  assigns,  of  the  acceptance  of  this 

65  option  and  therein  shall  generally  describe  or  designate  the 

66  property  and  property  rights  to  be  leased  at  least  four  months 

67  prior  to  July  1,  1922.  Such  lease  shall  provide  that  said  com- 

68  pany,  its  successors  and  assigns,  shall  furnish,  maintain,  repair, 

69  renew  and  keep  in  proper  condition  for  such  use  such  leased 

70  space,  cables  and  wires  in  such  conduits  and  such  poles  and  pole 

71  appurtenances  wholly  at  its  or  their  expense.  The  city  shall 

72  have  the  right  on  and  after  July  1,  1922,  to  use  and  exercise 

73  immediately  said  property  and  property  rights  without  any 

74  charge  therefor,  except  as  included  in  the  rent  hereinafter 

75  provided.  The  annual  rent  shall  run  from  July  1,  1922,  and 

76  shall  be  payable  in  equal  installments  quarterly,  and  shall  be 
.77  based  only  upon  the  fair  value  of  the  property  rights  and 

78  physical  property  as  installed  or  part  thereof  to  be  used  included 

79  in  the  lease,  and  upon  the  cost  of  such  repairs,  renewals  and 

80  maintenance,  and  no  franchise  value  whatever  pertaining  to 

81  any  such  property  or  property  rights  subject  to  the  lease  shall 

82  be  included  in  such  rental.  Said  company,  its  successors  or 

83  assigns,  and  the  city  shall  agree,  if  possible,  upon  the  particular 

84  property  and  property  rights  to  be  subject  to  such  lease  as 

85  aforesaid  and  the  amount  of  such  annual  rental  and  all  other 

86  matters  incidental  to  such  lease,  but  if  they  shall  not  agree  upon 

87  the  same  or  any  part  or  parts  thereof,  prior  to  April  1,  1922, 

88  the  same  or  the  part  or  parts  thereof  not  agreed  upon  shall  be 

89  determined  by  arbitration  in  the  same  manner  in  all  respects  as 

29 


90  hereinbefore  provided,  except  that  said  company,  its  successors 

91  or  assigns,  and  the  city  council  for  the  city  shall  each  appoint 

92  an  arbitrator  and  give  the  required  notice  thereof  and  a  copy  of 

93  the  acceptance  of  the  arbitrator  within  thirty  days  from  April 

94  1,  1922. 

FRANCHISE  GRANT. 

Sec.  11.  The  city  hereby  grants  to  said  company  the  exclu- 

2  sive  right  for  the  term  of  five  years,  from  the  first  day  of  July 

3  A.  D.,  1912,  and  ending  with  the  thirtieth  day  of  June  A.  D., 

4  1917,  to  erect,  lay,  construct,  place,  maintain,  use  and  operate 

5  poles,  wires,  cables,  pipes  and  conduits,  with  necessary  and 

6  convenient  appurtenances  as  may  be  required  for  the  conduct 

7  of  the  business  of  said  company,  for  the  purpose  of  conveying, 

8  distributing,  furnishing  and  selling  currents  of  electricity  to  be 

9  used  for  light,  heat  or  motive  power,  in,  over  and  under  the 

10  streets  and  highways  of  the  city,  said  poles,  wires,  cables,  pipes, 

11  conduits  and  appurtenances  to  be  erected,  laid,  constructed, 

12  placed,  maintained,  used  and  operated  in,  over  and  under  the 

13  same  streets  and  highways  of  the  city,  in  which  said  company 

14  now  maintains  such  poles,  wires,  cables,  pipes,  conduits  and 

15  appurtenances,  and  also  in  any  other  streets  and  highways, 

16  in  which  it  shall  hereafter  during  said  period  pursuant  to  lawful 

17  right  or  authority  erect,  lay,  constuct,  place  and  maintain  such 

18  poles,  wires,  cables,  pipes,  conduits  and  appurtenances:  pro- 

19  vided,  however,  that  unless  during  said  term  either  party 

20  hereto,  or  its  successors  in  interest,  shall  give  notice  in  writing 

21  to  the  other  party,  or  its  successors  in  interest,  that  it  will  not 

22  permit  the  continuance  of  said  exclusive  franchise  beyond  said 

23  term,  or  unless  at  the  end  of  said  term  some  other  electric  light, 

24  heat  or  power  company  is  in  fact  ready  to  sell  and  distribute 

25  electricity  by  means  of  lany  fixtures  installed  in  any  streets  or 

26  highways  of  the  city  by  permission  of  said  city  council,  said 

30 


27  exclusive  frcinchise  shall  continue  in  full  force  and  effect  to 

28  all  intents  and  purposes,  and  upon  the  same  terms  and  condi- 

29  tions  herein  prescribed,  for  such  further  period  of  time  not 

30  exceeding  five  years  as  shall  elapse,  until  either  party  hereto, 

31  or  its  successors  in  interest,  shall  have  given  to  the  other  party, 

32  or  its  successors  in  interest,  at  least  six  months  previous  notice 

33  in  writing  of  its  termination  of  the  same,  or  in  case  of  such 

34  continuance  until  some  other  electric  light,  heat  or  power 

35  company  is  in  fact  ready  to  sell  and  distribute  electricity  by 

36  means  of  any  fixtures  installed  in  any  streets  or  highways  oi 

37  the  city  by  permission  of  said  city  council ;  and  further  pro- 

38  vided,  however,  and  this  grant  is  made  upon  the  express  con- 

39  dition,  and  said  Narragansett  Electric  Lighting  Company  does 

40  hereby  covenant  and  agree,  that  at  any  time  and  from  time  to 

41  time  during  said  initial  term  of  five  years  whenever  the  city 

42  council  of  the  city  shall  so  order,  said  company,  its  successors 

43  or  assigns,  shall  and  will  immediately  grant  and  lease  to  any 

44  other  electric  light,  heat  or  power  company  designated  by  said 

45  city  council  the  right  under  said  exclusive  franchise,  and  in 

46  accordance  with  any  grant  or  permission  of  said  city  council 

47  to  such  other  company,  to  erect,  lay,  construct,  place  and 

48  maintain  poles,  wires,  cables,  pipes,  conduits  and  appurtenances 

49  in,  on,  over,  under  and  across  such  of  said  streets  and  high- 

50  ways  as  said  city  council  may  direct,  and  said  poles,  pipes  and 

51  conduits  to  be  placed  and  maintained  in  such  locations  in  said 

52  streets  and  highways  as  may  be  from  time  to  time  designated  by 

53  the  city  council  or  any  duly  authorized  official  of  said  city,  but 

54  upon  the  condition  that  such  other  company  shall  not  engage  in 

55  the  business  of  selling  or  distributing  currents  of  electricity  in 

56  the  city  by  means  of  any  such  poles,  wires,  conduits  or  other 

57  fixtures  until  the  expiration  of  said  initial  term  of  five  years, 

58  but  this  condition  shall  not  be  construed  to  prevent  such  other 


31 


59  company  from  making  any  contracts  during  said  term  to 

60  deliver  electricity  in  the  city  by  said  means  after  the  expiration 

61  of  said  term,  and  said  lease  or  leases  to  continue  during  the 

62  remainder  of  said  initial  term  of  five  years  and  until  the  ter- 

63  mination  of  said  exclusive  franchise;  said  lease  or  leases  to  re- 

64  serve  to  said  Narragansett  Electric  Lighting  Company  as  ‘com- 

65  pensation  for  the  privileges  granted  rent  at  the  rate  of  one 

66  hundred  and  seventy-five  ($175)  dollars  per  annum  during  the 

67  term  or  terms  thereof,  to  be  computed  as  part  of  the  gross  earn- 

68  ings  of  said  company,  and  in  case  more  than  one  such  lease  shall 

69  be  made  such  rent  shall  remain  fixed  at  one  hundred  and  sev- 

70  enty-five  ($175)  dollars  per  annum  in  full  compensation  for  all 

71  the  privileges  granted  by  all  said  leases;  and  said  lease  or  leases 

72  to  be  in  the  form  of  lease  attached  to  this  agreement  and 

73  marked  “Exhibit  A” ;  and  provided  further,  however,  that 

74  nothing  in  this  contract  shall  be  construed  to  prevent  the  city 

75  or  city  council  thereof  at  any  time  and  from  time  to  time  dur- 

76  ing  said  initial  term  of  five  years  from  granting  the  right  or 

77  giving  its  consent  to  any  other  electric  light,  heat  or  power 

78  company  to  maintain,  use  and  operate  from  and  after  the  expi- 

79  ration  of  said  initial  term  of  five  years,  poles,  wires,  cables, 

80  pipes,  conduits  and  appurtenances  in,  on,  over,  under  and  across 

81  any  of  the  streets  and  highways  of  the  city  for  the  purpose  of 

82  conveying,  distributing,  furnishing  and  selling  currents  of  elec- 

83  tricity  to  be  used  for  light,  heat  or  motive  power. 

84  (2)  Reservation  Relative  to  Certain  Classes  of  Pnblic  Ser- 

85  vice  Companies. — And  further  provided  however,  that  noth- 

86  ing  in  this  agreement  shall  in  any  way  be  construed  or  held  to 

87  prevent  in  said  city  at  any  time  any  street  railroad  company, 

88  telephone  company,  telegraph  company,signal  company  or  party 

89  authorized  or  who  may  hereafter  be  authorized  bv  the  city  of 


32 


90  Providence,  to  do  a  street  railroad,  telephone,  telegraph  or 

91  signal  business  therein,  from  having  and  exercising  the  right 

92  to  keep,  maintain  in  good  order  and  repair,  use  and  operate  in 

93  any  manner  in  which  such  company  or  party  may  lawfully  do 

94  at  said  date,  or  thereafter  be  authorized  to  do  during  said  period, 

95  the  poles,  wires,  cables,  pipes,  conduits  and  other  structures, 

96  systems,  methods,  appliances  and  appurtenances  of  such  com- 

97  pany  or  party,  for  use  in  producing  and  distributing  currents  of 

98  electricity  to  be  used  for  light,  heat,  power,  signal  and  other 

99  purposes,  in  carrying  on  the  street  railroad,  telephone,  telegraph 

100  or  signal  business  of  such  company  or  party  in  any  manner  in 

101  which  they  may  be  authorized,  in  any  streets  or  highways, 

102  whether  such  streets  or.  highways  shall  be  occupied  by  said 

103  Narragansett  Electric  Lighting  Company  or  not. 

104  (3)  Reservation  Relative  to  City's  Fire  Alarm  and  Police 

105  Signal  Systems,  etc. — And  further  provided,  however,  that 

106  nothing  in  this  agreement  shall  in  any  manner  be  construed  or 

107  held  to  preclude,  prevent  or  hinder  the  city  from  erecting, 

108  laying,  constructing,  placing,  maintaining,  using  or  operating 

109  any  poles,  wires,  cables,  pipes,  conduits,  appliances  or  appur- 

110  tenances  in  any  street,  highway  or  other  place  in  the  city,  or 

111  from  producing,  conveying  or  distributing  currents  of  electricity 

112  for  light,  heat,  motive  power,  signal  or  any  other  purpose  under 

113  any  systems  or  methods  and  in  a^ny  manner,  way  or  direction 

114  whatsoever,  for  its  police  signal,  fire  alarm  or  other  similar 

115  public  uses  or  services,  or  for  its  own  use  or  upon  its  own 

116  premises' wherever  situated,  except  as  hereinbefore  otherwise 

117  expressly  provided. 

118  (4)  Grant  Subject  to  Certain  Statutory  Provisions. — And 

119  further  provided,  however,  that  the  use  and  enjoyment  of  all 

120  such  granted  rights  shall  be  subject  to  such  reasonable  rules, 


33 


121  regulations  and  orders  controlling  the  extent  and  quality  of 

122  construction  and  service  to  be  maintained  by  said  company, 

123  and  prescribing  the  location  and  arrangement  of  its  poles,  wires, 

124  cables,  pipes,  conduits  and  other  appliances  and  appurtenances 

125  as  are  or  may  be  from  time  to  time  hereafter  enacted  by  the  city 

126  council  of  the  city,  subject  to  the  provisions  of  Section  5  of 

127  Chapter  91  of  the  General  Laws. 

128  (5)  Grant  Subject  to  City  Council  Regulations. — And 

129  further  provided,  however,  that  the  city  council  of  the  city  may, 

130  in  addition  to  the  provisions  of  Chapter  54  of  the  Revised 

131  Ordinances  of  1899  entitled  “Wires”  as  heretofore  amended, 

132  from  time  to  time  impose  such  reasonable  rules  and  regulations 

133  as  to  the  erection,  construction,  location,  'relocation,  removal, 

134  use  and  operation  of  said  company’s  poles,  wires,  cables,  pipes, 

135  conduits,  subways,  manholes,  and  other  structures,  system.s  or 

136  methods,  appliances  and  appurtenances  in  any  street,  highway, 

137  conduit,  subway  or  other  systems  within  the  city,  as  -the  public 

138  good  may  require,  provided  such  ordinances,  rules  or  regula- 

139  tions  do  not  deprive  said  company  of  any  rights  secured  to  it  by 

140  law,  and  that  at  any  time  when  the  public  good  requires  that 

141  any  such  poles,  wires,  cables,  pipes,  conduits,  subways,  man- 

142  holes  and  other  structures,  systems  or  methods,  appliances  or 

143  appurtenances,  or  any  part  or  parts  of  any  of  the  same,  shall 

144  be  removed  from  any  street  or  highway  in  the  city,  said  city 

145  council  may  order  and  require  said  company,  or  any  party 

146  claiming  title  under  it,  to  remove  the  same  at  its  expense  from 

147  such  street  or  highway  within  ninety  (90)  days  after  said  city 

148  council  gives  said  company  notice  in  writing  of  such  require" 

149  ment ;  and  in  any  such  order  said  city  council  shall  grant  to 

150  said  company,  or  such  party,  a  right,  as  nearly  similar  in  public 

151  convenience  as  possible  in  the  same  street  or  highway  or  in 


34 


152  some  other  street  or  highway  of  the  city,  to  erect,  construct, 

153  maintain,  use,  and  operate  any  poles,  wires,  cables,  pipes,  con- 

154  duits,  subways,  manholes  and  other  structures,  systems  or 

155  methods,  appliances  and  appurtenances  or  part  or  parts  thereof, 

156  which  for  carrying  on  the  business  of  said  company  are  reason- 

157  ably  necessary  and  are  required  by  reason  of  such  removal  in 

158  substitution  for  any  of  the  same  ordered  removed  as  aforesaid, 

159  but  no  such  further  grant  shall  be  required,  if  in  such  street  or 

160  highway  there  are  left  remaining  reasonably  adequate  facilities 

161  for  carrying  on  said  business  in  or  by  means  of  such  street  or 

162  highway,  or  if  said  company  has  in  any  adjoining  or  neighbor- 

163  ing  streets  or  highways  been  theretofore  granted  the  right  to 

164  install  and  use  facilities  reasonably  adequate  for  carrying  on 

165  said  business  by  means  thereof  instead  of  any  such  facilities 

166  ordered  removed. 

167  (6)  A'ezu  System  Rendering  Poles  Unnecessary. — And 

168  further  provided,  however,  that  if  at  any  time  any  improved 

169  system  for  distributing  electricity  shall  be  invented  and  per' 

170  fected,  so  as  to  be  of  such  greater  practical  and  commercial 

171  value  than  the  system  now  in  use  in  the  city  as  to  reasonably 

172  warrant  said  company  to  adopt  siich  improved  system,  said 

173  company,  or  any  party  claiming  title  under  it,  as  soon  as  may  be 

174  after  the  commercial  and  practical  utility  of  such  system  has 

175  been  demonstrated  shall,  when  so  authorized  by  the  city  council 

176  adopt,  apply  and  use  such  system  in  the  city,  and  thereupon 

177  remove  from  the  public  streets  and  highways  of  the  city  all 

178  poles,  wires  and  other  structures  and  appurtenances  rendered 

179  unnecessary  by  the  introduction  of  such  new  system;  and  if 

180  said  company,  or  such  party,  shall  refuse  or  neglect  to  adopt, 

181  apply  and  use  such  new  system  for  one  year  after  receiving 


35 


182  notice  in  writing  from  the  city  council  so  to  do,  the  exclusive 

183  rights  granted  by  this  agreement  shall  thereupon  cease  and  end. 

184  but  subject  to  the  provisions  of  Section  27  hereof. 

185  (7)  Service  Extensions  and  Additions. — And  further  pro- 

186  vided,  however,  that  whenever  in  the  opinion  of  the  city  council 

187  of  the  city,  the  public  good  requires  that  electric  lights,  or  poles, 

188  wires,  cables  and  other  structures,  systems  or  methods,  appli- 

189  ances  and  appurtenances  for  the  transmission  of  electricity  for 

190  use  in  the  business  of  producing,  selling  and  distributing  elec- 

191  , tricity  to  be  used  for  light,  heat,  power  and  other  purposes  shall 

192  be  furnished  or  constructed  in  the  city  in  addition  to  those  then 

193  furnished  or  operated  by  said  company,  or  any  party  claiming 

194  title  under  it,  said  city  council  may,  at  any  time  and  from  time 

195  to  time  during  the  existence  of  said  granted  franchise,  order 

196  said  company,  or  any  party  claiming  title  under  it,  to  construct, 

197  maintain  and  operate  such  lights,  poles,  wires,  cables  and  other 

198  structures,  systems  or  methods,  appliances  and  appurtenances 

199  within  the  city,  within  six  months  after  the  passage  of  said 

200  order,  and  upon  failure  on  the  part  of  said  company,  or  any 

201  party  claiming  title  under  it,  to  comply  with  such  order  within 

202  said  time,  the  exclusive  rights  herein  granted  shall  cease 

203  and  end,  but  subject  to  the  provisions  of  Section  27  here- 

204  of.  Nothing  in  this  proviso  shall  require  said  company  to 

205  install  any  underground  conduits  for  carrying  its  wires  to  any 

206  greater  extent  than  hereinafter  provided. 

207  (8)  Conduits. — And  further  provided,  however,  that  said 

208  company  shall  remove  from  fifteen  miles  of  the  streets  of  the 

209  city,  in  which  it  has  now  overhead  or  aerial  service,  all  poles, 

210  wires  and  other  overhead  or  aerial  fixtures  and  appurtenances, 

211  which  are  used  only  for  supporting  or  carrying  its  wires  and 

212  cables  or  either,  and  shall  build  any  and  all  underground  con- 


36 


213  duits  and  appurtenances  in  the  streets  of  the  city,  necessary  for 

214  carrying  its  wires  and  cables  to  be  removed  as  aforesaid,  and 

215  so  that  overhead  or  aerial  service  in  such  fifteen  miles  of  streets 

216  shall  be  entirely  discontinued  and  underground  service  substi- 

217  tilted  therefor,  within  five  years  from  the  first  day  of  July, 

218  A.  D.  1912,  not  less  than  one-fifth  part  thereof  to  be  done  each 

219  year  during  said  period  until  the  same  is  wholly  completed,  and 

220  such  removal  and  conduit  installation  shall  be  from  and  in  such 

221  particular  streets  or  parts  thereof  as  may  be  agreed  upon  by 

222  said  company  and  the  commissioner  of  public  works,  or  in  case 

223  they  shall  fail  to  agree  as  shall  be  determined  by  said  committee 

224  after  giving  said  company  and  said  commissioner  an  opportunity 

225  to  be  heard,  and  that,  except  as  herein  otherwise  provided,  said 

226  company  shall  maintain  and  use  its  system  of  underground 

227  conduits  in  the  streets  of  the  city,  and  from  all  streets  of  the 

228  city,  where  underground  conduits  are  now  or  hereafter  shall  be 

229  installed,  said  company  shall  as  soon  as  practicable  remove  all 

230  poles  and  other  overhead  or  aerial  fixtures  or  appurtenances, 

231  which  are  used  only  for  supporting  or  carrying  its  wires  or 

232  cables. 

233  (9)  Special  Tax. — And  further  provided,  however,  that  said 

234  company,  and  any  party  claiming  title  under  it,  in  consideration 

235  of  and  in  full  payment  for  the  exclusive  rights  and  privileges 

236  in  and  to  the  streets  and  highways  of  the  city  hereinbefore 

237  granted,  shall  pay  to  the  city  treasurer  of  the  city  a  special  tax 

238  equal  to  three  per  centum  (3%)  of  the  gross  earnings  of  said 

239  company  within  the  city  for  and  during  said  period  of  five  (5) 

240  years  from  July  1,  A.  D.  1912,  to  July  1,  A.  D.  1917,  and  for 

241  such  further  period  as  said  exclusive  rights  and  privileges  shall 

242  continue.  Said  company  or  such  party  shall  make  and  render 

243  to  said  city  treasurer  on  or  before  the  thirtieth  dav  of  January, 


37 


244  April,  July  and  October  in  every  year  until  the  payments  herein 

245  required  are  fully  made,  returns  verified  by  the  oath  of  its  presi- 

246  dent  or  treasurer  of  the  gross  earnings  of  said  company,  or  such 

247  party,  within  the  city  for  the  period  of  three  months  next 

248  preceding  the  first  day  of  January,  April,  July  and  October  in 

249  the  same  year,  and  shall  at  the  same  time  pay  to  said  city 

250  treasurer  said  tax  on  said  earnings  for  and  during  such  quarter 

251  year  next  preceding,  and  in  case  said  company,  or  such  party 

252  shall  neglect  to  make  payment  of  such  quarterly  tax  as  afore- 

253  said,  said  city  treasurer  may  collect  and  recover  of  said  com- 

254  pany  or  party,  as  other  taxes  are  collectible,  double  the  amount 

255  of  the  special  tax  shown  to  be  due  by  the  last  preceding  quar- 

256  terly  return  of  said  company  or  party. 

OTHER  OBLIGATIONS  TO  CITY. 

Sec.  12.  Nothing  in  this  agreement  contained  shall  be  con- 

2  strued  or  held  in  any  way  to  relieve  said  company,  or  any  party 

3  claiming  title  under  it,  from  any  obligation,  or  from  paying  any 

4  tax  or  money  which  it  may  now  or  hereafter  be  under  legal 

5  obligation  to  the  city  to  perform  or  pay. 

SERVICE  CHARGES  LIMITED. 

Sec.  13.  Said  company  shall  not,  nor  shall  any  party  claiming 

2  title  under  it,  at  any  time  during  the  continuance  of  the  exclu- 

3  sive  right  granted  hereunder,  charge  for  its  services  within  the 

4  city  any  greater  rates  than  the  rates  actually  charged  by  said 

5  company  at  the  date  of  this  agreement  for  such  or  equivalent 

6  service,  both  rates  being  reckoned  in  the  United  States  gold 

7  coin  of  the  standard  and  weight  and  fineness  in  force  at  the 

8  time  of  the  date  of  this  agreement,  or  in  the  equivalent  thereof 

9  in  actual  value  in  other  lawful  money  of  the  United  States, 
10  except  pursuant  to  provision  hereinafter  provided. 


38 


11  (2)  Certain  Rates  Decreased. — Said  company  shall  not,  nor 

12  shall  any  party  claiming,  title  under  it,  at  any  time  during  the 

13  continuance  of  said  exclusive  right,  charge  for  its  services 

14  within  the  city  in  furnishing  electricity  for  motive  power  any 

15  greater  rates  than  provided  in  the  accompanying  schedule  of 

16  power  rates  marked  “Schedule  A  of  Power  Rates”  or  in  the 

17  accompanying  schedule  of  power  rates  marked  “Schedule  B 

18  of  Power  Rates,”  which  schedules  are  based  on  different  prin- 

19  ciples  of  charging  for  the  service,  except  pursuant  to  provision 

20  hereinafter  provided.  Every  power  customer  shall  have  the 

21  right  at  any  time  to  select  either  of  said  schedules  as  the  rates, 

22  under  which  electricity  for  power  shall  be  furnished  him,  and 

23  the  rig'ht  at  any  time  to  change  his  choice,  but  not  more  often 

24  than  once  each  year,  and  in  case  of  such  change  the  rates 

25  selected  shall  begin  to  apply  on  the  first  day  of  the  month  next 

26  following  the  date  of  such  change.  Upon  delivery  of  this  agree- 

27  ment,  such  schedules  shall  be  kept  on  file  in  the  office  of  the 

28  city  clerk. 

FINANCIAL  RESTRICTIONS. 

Sec.  14.  From  the  first  day  of  July,  A  D.  1912,  until  the 

2  expiration  of  the  exclusive  rights  and  privileges  granted  hereby. 

3  said  company  shall  not  pay  a  greater  average  rate  of  dividend 

4  than  eight  per  centum  (8%)  per  annum  based  upon  the  amount 

5  of  its  capital  stock  now  issued  and  outstanding,  and  such  addi- 

6  tional  capital  stock  as  shall  hereafter  be  actually  issued  and 

7  paid  for  in  cash  at  not  less  than  the  par  value  of  the  stock,  or 

8  issued  at  par  in  even  exchange  for  convertible  debentures  paid 

9  for  in  cash  at  not  less  than  par,  and  any  and  all  net  earnings 

10  over  and  above  said  dividend  of  eight  per  centum  (8%)  per 

11  annum  and  a  cash  surplus  not  exceeding  ten  per  centum  (10%) 

12  of  its  then  issued  and  outstanding  capital  stock,  and  of  the 

39 


13  amounts  paid  to  said  company  in  cash  on  its  then  issued  and 

14  outstanding  convertible  debentures  and  bonds  shall  be  applied 

15  to  the  reduction  of  the  cost  of  its  services,  and  so  that  the  city 

16  and  its  citizens  shall  receive  proper  reduction  in  the  cost  of  the 

/ 

17  services  rendered  them  by  said  company.  All  extensions  of  its 

18  plant  shall  be  paid  for  out  of  capital  actually  paid  in  on  its 

19  stock  or  debentures,  or  out  of  money  borrowed  on  its  bonds, 

20  and  not  out  of  earnings.  During  the  same  period  no  party 

21  claiming  title  under  said  company  shall  pay  any  greater  average 

22  rate  of  dividend,  nor  on  any  larger  amount  of  stock,  nor  accu- 

23  mulate  any  larger  cash  surplus,  than  herein  specified,  and  such 

24  party  shall  observe  the  other  requirements  hereof. 

STREET  REQUIREMENTS. 

Sec.  15.  During  the  existence  of  said  exclusive  right,  all 

2  roadways  and  sidewalks  in  any  streets,  squares,  lanes,  alleys  or 

3  otlier  travelled  ways  in  the  city,  or  any  part  or  parts  thereof, 

4  which  shall  be  opened  or  dug  up  by  said  company  in  the  prose- 

5  cution  of  any  of  its  work,  including  inspection  work,  shall  be 

6  restored  by  said  company  at  its  expense  to  at  least  as  good 

7  repair  and  condition  as  the  same  were  in  when  so  opened  or 

8  dug  up,  and  in  every  case  to  sound  and  safe  condition,  and  to 

9  the  satisfaction  of  said  engineer  and  said  commissioner;  and 

10  every  such  restoration  intended  to  be  permanent  shall  be  done 

11  as  soon  as  it  can  be  properly  done,  and  in  any  case  as  soon  as 

12  practicable  after  direction  of  said  engineer  or  said  commis- 

13  sioner  to  permanently  restore  the  same;  and  every  place  so 

14  opened  or  dug  up,  where  the  ground  shall  settle  or  the  surface 

15  or  pavement  shall  become  broken  or  disintegrated,  shall  be 

16  further  repaired  and  restored  and  maintained  in  sound  and 

17  safe  condition  for  the  period  of  five  years  from  the  time  such 


40 


18  ground  was  opened  or  dug  up,  to  the  satisfaction  of  said 

19  engineer  and  said  commissioner;  and  if  in  any  case  said  com- 

20  pany  shall  not  so  do,  said  commissioner,  after  giving  said  com- 

21  pany  five  days  notice  in  writing  so  to  do,  may  cause  any  such 

22  work  not  then  done  to  his  satisfaction  to  be  done,  and  shall 

23  charge  the  expense  thereof  to  said  company,  and  said  company 

24  shall  pay  the  same  to  the  city  within  thirty  days  after  written 

25  notice  of  the  amount  of  such  expense  shall  be  given  said  com- 

26  pany  by  said  commissioner.  Said  commissioner  may  cause  any 

27  such  work  of  opening  or  restoring  the  ground  to  be  supervised 

28  or  inspected  by  any  servants  or  agents  of  the  city,  and  said 

29  company  shall  pay  the  city  the  cost  of  any  such  supervision  or 

30  inspection  within  thirty  days  after  written  notice  of  the  amount 

31  of  such  cost  shall  be  given  said  company  by  said  commissioner. 

32  (2)  Conduit  Work. — Relative  to  the  installation  of  any  line 

33  of  underground  conduits  during  the  existence  of  said  exclusive 

34  right  in  any  street  gr  other  traveled  way  in  the  city,  no  greater 

35  length  of  such  street  or  way  shall  be  opened  and  left  dug  up  in 

36  the  prosecution  of  the  work  than  is  approved  in  each  case  by 

37  said  commissioner;  and  said  company  in  prosecuting  said  work 

38  shall  not  use  or  encumber  any  greater  width  of  any  such  street 

39  or  way  to  the  detriment  of  public  travel  therein  than  is  neces- 

40  sary,  nor  greater  than  is  approved  by  said  commissioner  in  each 

41  case;  and  said  company  shall  take  all  necessary  precautions  and 

42  install  all  necessary  barriers  and  safeguards,  and  such  as  may 

43  be  ordered  by  said  commissioner  to  be  taken  or  installed,  to 

44  guard  against  accidents  and  protect  the  public  in  using  any 

45  parts  of  such  street  or  way  not  included  in  the  place  of  the  work. 

46  All  conduits  and  other  underground  work  in  any  such  street  or 

47  way  shall  not  be  for  any  reason  located  in  any  other  places  therein 

48  than  designated  by  said  commissioner,  and  if  in  the  prosecution 


41 


49  of  the  work  any  obstruction  shall  be  met  or  practical  difficulty 

50  shall  arise  as  to  so  locating  the  same,  notice  thereof  shall  be  at 

51  once  given  hy  said  company  to  said  commissioner,  and  his 

52  further  direction  as  to  the  location  thereof  shall  be  observed. 

53  All  service  connections  with  underground  conduits  and  distribu- 

54  tion  ducts  shall  be  made  from  underground. 

55  (3)  Street  Signs. — The  city  shall  have  the  right  to  affix 

56  street  signs  to  any  poles  of  said  company  in  any  street  or 

57  traveled  way  in  the  city  in  such  pro’per  manner  as  shall  be 

58  approved  by  said  company,  and  said  company  shall  reimburse 

59  the  city  for  any  damage  thereto  caused  by  any  wilful  or  negli" 

60  gent  acts  of  said  company’s  employees. 

AGREEMENT  TO  SAVE  CITY  FROM  LOSS  OR  DAMAGE. 

Sec.  16.  Said  company,  for  itself  and  its  successors  and 

2  assigns,  agrees  with  the  city  that  it  and  they  shall  and  will  hold 

3  and  keep  the  city  harmless,  saved  and  indemnified  from  and 

4  against  all  loss,  cost,  damage,  payment  and  expense  on  account 

5  of  any  and  all  mechanics’  liens  and  other  liens,  and  also  on 

6  account  of  any  and  all  other  lawful  claims  and  demands  against 

7  the  city  for  work  done  under  the  aforesaid  contract  for  furnish- 

8  ing  the  city  with  lights  and  electricity,  or  for  materials  furnished 

9  for  doing  the  work  to  be  done  under  said  contract,  and  also  on 

10  account  of  any  injury  to  persons  or  damage  to  property  for 

11  which  the  city  shall  be  or  become  liable  on  account  of  the  con- 

12  struction,  ill-construction,  maintenance,  use  or  repair,  or 

13  neglect  to  properly  maintain,  use  or  repair,  such  poles,  wires, 

14  lamps,  conduits,  manholes,  ducts,  hand-holes  and  other  appli- 

15  ances  and  appurtenances  as  used  or  attempted  or  intended  to  be 

16  used  in  the  performance  of  this  contract,  or  by  the  digging  up, 

17  opening  or  keeping  open  of  any  street,  highway,  square,  lane, 


42 


18  alley,  traveled  way,  public  place  or  part  thereof,  which  shall  be 

19  or  has  been  opened  for  the  purpose  of  installing,  constructing  or 

20  repairing  any  underground  conduit,  duct,  structure,  appliance, 

21  or  appurtenances  by  or  for  said  company,  or  by  any  failure  of 

22  said  company  to  restore  and  keep  in  sound  and  safe  condition 

23  for  the  required  time  any  ground  opened  or  dug  up  in  the 

24  prosecution  of  any  of  its  work  in  any  such  street,  way  or  place, 

25  or  to  observe  any  requirement  in  the  next  preceding  section  or 

26  any  other  section  hereof,  unless  such  injury  or  damage  shall  be 

27  caused  by  the  wrongful  act  or  negligence  of  the  city,  its  officers 

28  or  employees ;  and  also  further  that  it  and  they  shall  and  will 

29  hold  and  keep  said  city  harmless,  saved  and  indemnified  from 

30  and  against  all  loss,  cost,  damage  and  expense  arising  from  any 

31  and  all  claims,  demands  and  proceedings,  whether  at  law  or  in 

32  equity,  against  the  city,  for  any  alleged  infringement  of  patent 

33  rights  or  patents,  or  for  the  use  of  said  lights  or  any  appliances 

34  or  appurtenances  used  in  furnishing  the  same  without  right 

35  by  or  for  the  city,  or  by  reason  of  the  construction,  maintenance 

36  or  use  of  said  poles,  wires,  lamps,  conduits,  ducts  and  other 

37  structures,  appliances  and  appurtenances  used  or  attempted  or 

38  intended  to  be  used  in  furnishing  said  lights  or  electricity,  and 

39  also  from  any  and  all  decrees,  judgments  and  orders  of  any 

40  court  or  courts  on  account  of  any  such  claim,  demand  or  pro- 

41  ceeding  against  the  city  mentioned  as  aforesaid,  the  city,  how- 

42  ever,  to  give  said  company  reasonable  notice  in  writing  of  any 

43  and  all  such  claims,  demands  or  proceedings  as  soon  as  possible 

44  after  the  same  or  any  of  the  same  shall  be  made  or  commenced ; 

45  and,  upon  such  notice,  said  company  shall  and  will,  at  its  own 

46  expense  and  without  expense  to  the  city,  attend  to  all  such 

47  claims  and  demands  and  defend  any  and  all  such  proceedings. 

48  Said  company  shall  have  the  right  at  its  expense  to  defend  any 

49  suit  or  suits,  proceeding  or  proceedings  brought  against  the  city 


50  for  infringement  of  patent  rights  or  patents,  or  for  any  other 

51  cause  against  which  said  company  has  hereinbefore  agreed  to 

52  hold  the  city  harmless ;  and  the  city  shall  furnish  to  said  com- 

53  pany,  or  its  counsel,  all  information,  assistance  or  authority 

54  necessary  or  proper  to  the  defence  thereof,  and  shall  in  all  other 

55  respects  cooperate  in  good  faith  with  said  company  in  such 

56  defence,  but  without  any  expense  to  the  city. 

57  (2)  Payments  Pending  Claims  or  Suits. — But  it  is  hereby 

58  expressly  agreed  by  and  between  the  parties  hereto  that  the 

59  pendency  of  any  lien,  claim,  demand,  suit,  action  or  proceeding, 

60  whether  at  law  or  in  equity,  for  infringement  of  patent  rights 

61  or  patents  or  for  any  other  cause  or  thing  against  which  said 

62  company  has  hereinbefore  agreed  to  hold  the  city  harmless, 

63  shall  not  excuse  or  exempt  the  city  from  its  liability  to  pay  for 

64  said  lights  and  electricity  in  the  manner  and  at  the  times  here- 

65  inabove  set  forth ;  provided  that  said  company  shall  give  to  the 

66  city  a  good  and  sufficient  bond  or  bonds  of  indemnity  -in  such 

67  form  and  with  such  surety  or  sureties  as  shall  be  satisfactory 

68  to  the  mayor  and  city  solicitor  of  the  city. 

JOINT  USE  OF  POLES. 

Sec.  17.  Said  company,  as  from  time  to  time  during  the  ex- 

2  istence  of  the  exclusive  right  herein  granted,  may  be  directed 

3  by  the  city  council  to  avoid  multiplicity  of  poles  in  the  streets 

4  so  far  as  is  safe  and  practicable  and  not  in  conflict  with  any, 

5  restrictions  of  the  City  Ordinances,  shall  permit  joint  use  of 

6  all  or  any  of  its  poles  in  any  streets  or  highways  bv  the  city  and 

7  other  public  utility  corporations  not  engaged  in  the  business 

8  of  selling  or  distributing  electricity  for  light,  heat  or  power  in 

9  the  city,  or  by  any  of  the  same,  for  the  purpose  of  carrying  any 


44 


10  wire  or  wires  of  the  city  and  such  other  public  utility  corpora- 

11  tions,  or  of  any  of  the  same,  and,  if  90  directed  shall  jointly 

12  use  for  carrying  its  wire  or  wires  any  poles  of  the  city  and  such 

13  other  public  utility  corporations,  or  of  any  of  the  same,  and  if 

14  so  directed  shall  install,  maintain  and  grant  to  the  city  and  such 

15  other  public  utility  corporations,  or  any  of  the  same,  the  joint 

16  use  of  any  new  additional  poles  or  any  poles  in  substitution  for 

17  or  in  renewal  of  any  existing  poles.  Further  without  any  such 

18  direction,  the  company  in  any  new  or  renewal  work  during  the 

19  existence  of  said  exclusive  right,  shall,  so  far  as  is  safe  and 

20  practicable  and  not  in  conflict  with  any  restrictions  of  the  City 

21  Ordinances,  jointly  use  any  existing  poles  in  the  streets  or  high- 

22  ways  belonging  to  the  city  and  such  other  public  utility  corpo- 

23  rations,  or  to  any  of  the  same,  and  thereby  avoid  encumbering 

24  any  street  or  highway  with  any  unnecessary  or  additional  poles. 

25  If  the  parties  concerned  shall  not  promptly  agree  as  to  the  kind 

26  of  such  pole  or  poles,  or  the  method  or  manner  of  installing  the 

27  same  and  their  appurtenances,  or  the  wires  to  be  carried  thereon, 

28  or  the  maintenance  thereof,  or  as  to  the  compensation  to  any 

29  party  owning  or  maintaining  any  pole  or  poles  to  be  jointly 

30  used  by  any  other  party,  the  city  council  shall  have  the  right  to 

31  prescribe  the  same.  Any  unused  or  unnecessary  pole  or  poles 

32  shall  be  promptly  removed  from  the  streets..  If  any  such  joint 

33  use  of  any  pole  or  poles  shall  wdth  the  approval  of  the  city 

34  council  be  discontinued,  the  city  council  shall  grant  to  the  party 

35  or  parties  affected  theret>y  the  right  to  set  and  use  their  or  its 

36  own  pole  or  poles  in  reasonably  equivalent  location  or  locations. 

37  The  city  shall  not  be  required  to  pay  any  compensation  for 

38  using  any  pole  or  poles  of  any  other  party  in  any  street,  but 

39  shall  maintain  its  wdres  and  fixtures  on  any  such  pole  or  poles 

40  wholly  at  its  own  exense.  When  in  consequence  of  any  wire 

41  being  attached  to  any  building,  any  pole  in  any  street  is  rendered 


45 


42  unnecessary,  the  same  shall  be  removed,  but  when  the  right  or 

43  license  to  maintain  any  such  wire  so  attached  is  terminated,  a 

44  pole  may  be  relocated  in  such  reasonably  equivalent  location  as 

45  is  approved  by  the  electrical  and  gas  engineer  of  the  department 

46  of  public  works. 

ELECTROLYSIS. 

Sec.  18.  Reasonable  provision  shall  be  made  and  maintained 

2  by  said  company  to  protect  the  pipes,  conduits  and  other 

3  property  in  the  streets  belonging  to  the  city  from  any  damage 

4  by  electrolysis  caused  by  the  current  or  currents  of  electricity 

5  of  said  company.  Said  company  shall  pay  to  the  city  the 

6  amounts  of  all  damage  suffered  by  it  from  electrolysis  caused 

7  as  aforesaid,  but  this  provision  for  payment  shall  not  prejudice 

8  any  legal  or  equitable  rights  or  defenses  of  the  city  or  said 

9  company. 

PUBLIC  WORK. 

Sec.  19.  During  the  existence  of  said  exclusive  right,  no 

2  right  of  said  company  to  maintain,  use  or  operate  any  poles', 

3  wires,  cables,  conduits,  ducts,  pipes,  manholes,  hand-holes  or 

4  other  appliances  or  appurtenances  in  any  street  or  other  traveled 

5  way  in  the  city,  shall  be  in  preference  or  hindrance  of  public 

6  work  in  the  city,and  should  any  of  the  same  in  any  way  interfere 

7  with  the  construction,  alteration  or, reparation  of  public  work  in 

8  any  such  street  or  way,  whether  done  by  the  city  directly  or  by 

9  any  contractor  for  the  city,  the  company  shall  at  its  own  expense 

10  protect,  alter  or  move  any  of  the  same  so  interfering  to  some 

11  other  location  in  such  street  or  way,  or  discontinue  the  use  and 

12  operation  thereof  for  the  time  being,  as  directed  by  the  com- 

13  missioner  of  public  works,  without  the  city  being  liable  for  any 

46 


14  damages  suffered  by  said  company  thereby.  The  city  shall 

15  notify  the  company  a  reasonable  time  in  advance  of  any  public 

16  work,  which  will  interfere  with  any  of  the  same  or  the  use  or 

17  operation  thereof.  In  case  said  company  should  fail  to  comply 

18  with  any  such  direction  of  said  commissioner,  the  city  may 

19  protect,  alter  or  move  the  same,  and  recover  the  cost  thereof 

20  from  said  company. 

FUTURE  REQUIREMENTS  TO  UNDERGROUND  SYSTEM 
AFFECTING  COSTS  AND  PRICES. 

Sec.  20.  In  case  of  the  passage  or  adoption  hereafter  during 

2  the  existence  of  said  exclusive  right,  of  any  law,  ordinance, 

3  resolution,  rule  or  regulation  by  any  lawful  body,  board  or 

4  officers  acting  within  their  lawful  powers,  whereby  or  by  reason 

5  whereof  said  company  shall  be  required  or  obliged  before  the 

6  expiration  of  said  exclusive  right  to  place  its  wires  and  cables 

7  underground  in  any  other  portion  of  said  city  or  to  any  greater 

8  extent  than  provided  for  in  this  agreement,  so  that  the  cost  to 

9  said  company  of  furnishing  lights  or  electricity  for  light,  heat  or 

10  power  in  the  city,  including  interest  on  investment,  shall 

11  necessarily  be  materially  increased  over  the  cost  of  the  same 

12  including  interest  on  investment,  at  the  date  of  the  passage  or 

13  adoption  of  the  same,  and  to  such  extent  as  would  make  the 

14  then  prices  for  said  lights  and  .said  maximum  prices  in  the 

15  opinion  of  said  company  unfair  and  inequitable,  the  prices  for 

16  said  lights  to  be  thereafter  furnished  the  city,  and  the  maximum 

17  prices  for  furnishing  thereafter  electricity  for  light,  heat  and 

18  power  generally  in  the  city  shall  be  subject  to  such  readjust- 

19  ment  by  said  company  and  the  city  council  of  the  city,  as  may 

20  be  agreed  upon  reasonably  with  reference  to  any  such  increased 

21  cost  and  the  time  or  times  such  increased  cost  or  any  part  or 

47 


22  parts  thereof  would  apply  to  furnishing  said  lights  and  services. 

23  If  said  company  and  said  city  council  should  not  agree  upon 

24  increasing  such  prices  or  the  proper  amounts  of  such  new  prices 

25  for  the  same  within  sixty  days  after  the  passage  or  adoption  of 

26  such  law,  ordinance,  resolution,  rule  or  regulation,  the  question 

27  of  increasing  said  prices  and  the  proper  amounts  of  any  new 

28  prices  for  said  lights  thereafter  furnished  the  city  and  the  maxi- 

29  mum  prices  for  furnishing  electricity  for  said  purposes,  or  any 

30  part  or  parts  of  said  subject  matters,  which  shall  not  be  so  agreed 

31  upon,  shall  be  determined  by  arbitration  in  the  same  manner  in 

32  all  respects  as  hereinbefore  provided,  except  that  said  company 

33  and  said  city  council  for  the  city  shall  each  appoint  an  arbi’ 

34  trator  and  give  the  required  notice  thereof  and  a  copy  of  the 

35  acceptance  of  the  arbitrator  within  ninety  days  from  the  pas- 

36  sage  or  adoption  of  such  law,  ordinance,  resolution,  rule  or 

37  regulation.  Pending  such  determination  of  any  such  new 

38  prices,  said  company  shall  continue  to  furnish  said  lights  and 

39  its  service  generally  in  the  city,  and  the  city  and  other  customers 

40  of  the  company  shall  continue  to  pay  for  said  lights  and  services 

41  the  prices  therefor  as  theretofore,  and  as  soon  as  such  new 

42  prices  or  any  thereof  shall  be  determined  by  such  agreement 

43  or  arbitration,  they  shall  promptly  pay  to  said  company  the 

44  amounts  of  any  increase  in  prices  in  conformity  therewith. 

« 

FURTHER  GENERAL  PROVISIONS. 

Sec.  21.  During  said  period  of  five  years  and  so  long  there- 

2  after  as  said  exclusive  right  shall  continue,  said  company  shall 

3  keep  within  the  city  of  Providence,  any  and  all  necessary  and 

4  proper  books,  accounts  and  papers  showing  correctly  and  in 

5  sufficient  detail  all  data  needful  for  the  preparation  by  competent 

6  accountants  of  the  returns  and  statements  required  to  be  made 

7  to  said  city  treasurer  hereunder,  and  the  city  auditor  and  any 


\ 


48 


8  other  person  duly  authorized  by  the  city  council  of  the  city 

9  shall  have  the  right  at  all  reasonable  times  to  examine  any  and 

10  all  such  books,  accounts,  records  and  papers. 

Sec.  22.  In  case  the  limits  of  the  city  of  Providence  at  any 

2  time  or  times  shall  be  extended  to  include  additional  territory, 

3  all  the  terms,  conditions,  reservations,  regulations  and  provi- 

4  sions  hereof  shall  apply, to  such  additional  territory  and  to  all 

5  poles,  wires,  cables,  conduits,  subways,  manholes,  pipes,  appli- 

6  ances,  appurtenances  and  other  property  of  said  company 

1  therein,  and  to  the  location,  installation,  construction,  main- 

8  tenance,  use  and  operation  thereof,  and  to  lights  and  electricity 

9  furnished  and  to  be  furnished  the  city  therein,  and  to  all  other 

10  matters  within  the  purview  of  the  within  contra:!  and  agree- 

11  ment,  the  same  as  if  included  within  the  city  at  the  time  of  the 

12  delivery  of  this  agreement. 

Sec.  23.  All  extensions  of  the  system,  plant,  fixtures,  appli- 

2  ances  and  appurtenances  of  said  company  and  the  use  and 

3  operation  thereof  in  the  city  of  Providence  shall  be  subject  to 

4  all  the  terms,  conditions,  reservations,  regulations  and  pro- 

5  visions  hereof,  and  in  the  same  manner  and  to  the  same  extent 

6  as  herein  provided  with  reference  to  the  existing  system,  plant, 

7  fixtures,  appliances  and  appurtenances  of  the  same. 

Sec.  24.  If  at  any  time  the  powers  of  the  city  council  or  any 

2  officer  or  officers  of  the  city  of  Providence  specified  herein 

3  should  be  transferred  by  law  to  any  other  body,  officer  or 

4  officers,  then  in  such  case  such  other  body,  officer  or  officers 

5  shall  have  all  the  powers,  rights  and  duties  herein  reserved  to 

6  or  prescribed  for  the  city  council  or  officer  or  officers  specified 

7  herein. 


49 


Sec.  25.  Said  company  shall  not  assign  the  within  contract 

2  for  furnishing  the  city  lights,  nor  sublet  any  of  the  lighting  to 

3  be  furnished  the  city  hereunder  without  the  consent  of  the  city 

4  council  of  the  city,  and  no  right  vested  in  said  company  under. 

5  or  pursuant  to  this  agreement  in  any  streets  or  highways  in  the 

6  city  of  Providence,  shall  be  assigned  without  the  consent  of  the 

7  city  council  of  said  city,  except  for  the  purpose  of  securing  any 

8  bonds  issued  to  refund  any  indebtedness  affecting  the  properties 

9  of  said  company,  or  to  provide  funds  for  additions,  extensions 
10  and  improvements  of  said  properties. 

Sec.  26.  From  any  order  or  determination  of  the  city  council 

2  of  the  city,  made  under  the  provisions  of  Section  17  hereof,  said 

3  company  may,  within  thirty  days  from  the  date  of  such  order  or 

4  determination,  complain  to  the  Public  Utilities  Commission 

5  setting  forth  that  such  order  or  determination  is  not  reasonable 

6  in  the  premises,  or  is  not  reasonably  required  in  the  public  in- 

7  terest,  or  is  not  equitable  or  its  observance  would  be  unduly 

8  oppressive  -upon  the  company ;  and  thereupon  said  commission 

9  shall  hear  and  determine  the  matter  in  accordance  with  the 

10  provisions  of  the  Public  Utilities  Act,  subject  however  to  the 

1 1  right  of  appeal  to  the  Supreme  Court  therein  contained. 

Sec.  27.  If  said  company,  its  successors  or  assigns,  shall 

2  fail  to  make  any  payment  of  the  special  tax  herein  required,  or 

3  shall  neglect  or  fail  to  keep,  observe,  or  perform  any  of  the 

4  other  terms,  conditions  or  provisions  herein  required  to  be  kept, 

5  observed  and  performed  by  it  and  them,  the  city  shall  be  entitled 

6  to  have  said  company,  its  successors  or  assigns,  declared  to  be 

7  in  default  and  to  have  a  forfeiture  of  all  its  and  their  rights 

8  under  or  by  virtue  of  this  agreement :  Provided  that  any  action 

9  for  the  collection  of  any  payment  required  to  be  made  under 


50 


10  the  provisions  of  this  agreement,  and  any  proceedings  for  for- 

11  feitnre  for  any  such  other  neglect  or  failure  shall  be  brought 

12  within  four  years  from  the  time  fixed  for  the  making  of  such 

13  payment,  or  from  the  time  of  the  commencement  of  such  other 

14  neglect  or  failure,  as  the  case  may  be,  and  not  after;  and  pro- 

15  vided  further  that  said  company,  its  successors  or  assigns,  shall 

16  not  be  deemed  or  held  to  be  in  default  or  to  have  incurred  any 

17  forfeiture  for  failure  to  make  any  such  payment,  until  the 

18  amount  due  thereon  has  been  determined  by  final  judgment  of 

19  court  and  such  judgment  has  remained  unsatisfied  for  sixty 

20  days ;  and  that  said  company,  its  successors  or  assigns,  shall  not 

21  be  deemed  or  held  to  be  in  default  or  to  have  incurred  any  for- 

22  feiture  for  failure  to  keep,  observe  and  perform  any  such  other 

23  terms,  conditions  or  provisions,  until  a  reasonable  time  within 

24  which  to  observe  and  perform  the  same  has  elapsed,  after  the 

25  obligation  of  the  company,  its  successors  or  assigns,  in  the 

26  premises  has  been  finally  determined  by  the  judgment  of  the 

27  court. 

Sec.  28.  Nothing  in  this  agreement  contained  shall  be  con- 

2  strued  or  held  to  take  away  or  diminish  any  of  the  street  regula- 

3  tory  powers  or  police  powers  of,  or  the  exercise  thereof  in  the 

4  future  by  the  city  of  Providence,  or  the  city  council  of  said  city, 

5  now  or  hereafter  conferred  by  law  upon  the  same. 

Sec.  29.  At  any  time  or  from  time  to  time  by  mutual  agree- 

2  ment  of  said  city  of  Providence  and  said  company,  its  succes- 

3  sors  or  assigns,  any  provision  herein  relative  to  the  within  con- 

4  tract  for  furnishing  the  city  with  lights  and  electricity  may  be 

5  modified  or  changed. 

Sec.  30.  The  consideration  for  any  and  all  rights  and  bene- 

2  fits  of  said  company  hereunder  shall  be  deemed  and  held  to  be 

3  its  agreements  and  undertakings  set  forth  herein,  and  -the  per- 

51 


4  formance  thereof  as  herein  provided,  and  the  terms,  conditions, 

5  reservations,  regulations  and  provisions  hereof  hy  said  company 

6  to  be  kept,  observed  and  performed  shall  bind  its  successors  and 

7  assigns  and  any  company  succeeding  to  or  accepting  the  benefits 

8  hereof,  precisely  as  if  in  every  case  they  respectively  had  been 

9  named  herein  with  said  company. 

In  Testimony  Whereof,  the  City  of  Providence  has  caused 
these  presents  to  be  executed  in  its  name  and  behalf  and  its  corporate 
seal  to  be  hereunto  affixed  by  Henry  Fletcher,  its  Mayor,  hereunto 
duly  authorized  by  Joint  Resolution  of  its  City  Council,  and  said 
Narragansett  Electric  Lighting  Company  has  caused  these  presents 
to  be  executed  in  its  name  and  behalf  and  its  corporate  seal  to  be 
hereunto  affixed  by  Arthur  L.  Kelley,  its  President,  hereunto  duly 
authorized  by  vote  of  its  Board  of  Directors,  the  day  and  year  first 
above  written. 

Executed  in  presence  of 


52 


iExljtbtt  A. 


This  INDENTURE  made  this  day  of 

A.  D.  19  ,  by  and  between  the  Narragansett 

Electric  Lighting  Company,  a  corporation  created  and  existing 
under  the  laws  of  the  State  of  Rhode  Island  and  located  in  the 
City  of  Providence  in  said  State,  party  of  the  first  part,  and  the 


a  corporation  created  and  existing  under  the  laws  of  said  state, 
party  of  the  second  part. 


That  the  party  of  the  first  part  does  hereby  grant,  demise  and 
lease  unto  the  party  of  the  second  part,  its  successors  and  assigns, 
the  right,  under  the  exclusive  franchise  heretofore  granted  to  the 
party  of  the  first  part  by  the  City  of  Providence,  to  erect,  lay,  con¬ 
struct,  place  and  maintain  poles,  wires,  cables,  pipes,  conduits  and 
apurtenances  in,  on,  over,  under  and  across  the  following  named 
streets  and  highways  in  said  city: 


Said  poles,  pipes,  and  conduits  to  be  placed  and  maintained  in 
such  locations  in  said  streets  and  highways  as  from  time  to  time 
designated  by  the  city  council  or  any  duly  authorized  official  of  said 
city;  but  upon  the  condition  that  the  party  of  the  second  part,  its 

53 


successors  or  assigns,  shall  not  engage  in  the  business  of  selling  or 
distributing  currents  of  electricity  in  said  city  by  means  of  any  of 
said  poles,  wires,  cables,  pipes,  conduits  or  other  fixtures  until  the 
first  day  of  July,  A.  D.  1917,  but  this  condition  shall  not  be  con¬ 
strued  to  prevent  the  party  of  the  second  part  from  making  any 
contracts  prior  to  said  date  to  deliver  electricity  in  the  city  by  said 
means  on  or  after  said  date. 

TO  HAVE  AND  TO  HOLD  said  right  from  the  date  hereof 
until  the  first  day  of  July  A.  D.  1917  and  until  the  termination  of 
said  exclusive  franchise. 

YIELDING  AND  PAYING  therefor  during  said  term  the 
annual  rent  of  One  Hundred  Seventy-five  Dollars  for  each  and 
every  year  during  the  continuance  of  this  lease  in  equal  annual 
payments  of  One  Hundred  Seventy-five  Dollars  each  in  advance  on 
the  first  day  of  July  in  each  yeao  the  first  of  said  payments  how¬ 
ever  to  be  made  upon  the  date  hereof  for  the  proper  proportionate 
amount  of  rent  for  the  period  from  the  date  of  this  lease  to  the 
first  day  of  July  next;  Provided  however  that,  in  case  any  other 
grant  or  lease  similar  to  this  one  in  respect  to  any  streets  or  high¬ 
ways  in  said  city  shall  be  made  by  the  party  of  the  first  part  to  the 
party  of  the  second  part  at  any  time  prior  to  July  1st,  1917,  the 
total  annual  rent  to  be  paid  by  the  party  of  the  second  part  under 
all  of  said  grants  or  leases  shall  be  the  sum  of  One  Hundred 
Seventy-five  Dollars  per  year ;  and  provided  further,  however,  that 
in  case  of  any  failure  on  the  part  of  the  party  of  the  second  part, 
its  successors  or  assigns,  to  pay  said  rent  at  the  times  and  in  the 
manner  aforesaid  and  such  failure  shall  continue  for  fifteen  days 
after  written  demand  shall  be  made  therefor,  or  in  case  said  party 
of  the  second  part,  its  successors  or  assigns,  shall  engage  in  the 
business  of  selling  or  distributing  currents  of  electricity  in  said  city 


54 


by  means  of  any  of  said  poles,  wires,  cables,  pipes,  conduits  or  other 

fixtures  prior  to  the  first  day  of  July,  A.  D.  1917,  the  party  of  the 
first  part,  its  successors  or  assigns,  shall  be  at  liberty  to  declare 
this  lease  at  an  end,  and  thereupon  said  lease  shall  end,  and  all 
rights  of  the  party  of  the  second  part,  its  successors  and  assigns, 
hereunder  shall  cease  and  determine,  but  nothing  herein  shall  be 
construed  to  prevent  the  party  of  the  second  part  from  making  any 
contracts  prior  to  said  date  to  deliver  electricity  in  the  city  by  said 
means  on  or  after  said  date. 

In  Witness  Whereof  the  parties  hereto  have  caused  these 
presents  to  be  signed  and  their  corporate  seals  to  be  hereto  affixed  by 
their  respective  officers  thereunto  duly  authorized,  the  day  and  year 
first  above  written. 

Signed  and  sealed 

in  presence  of : 


State  of  Rhode  Island 
County  of  Providence. 

In  Providence*  this  day  of 

A.  D.  19  ,  before  me  personally  appeared 

,  of  the  Narragansett 

Electric  Lighting  Company,  to  me  known  and  known  by  me  to  be 
the  person  executing  the  foregoing  instrument,  and  he  acknowledged 
said  instrument,  by  him  executed,  to  be  his  free  act  and  deed  indi" 
vidually  and  as  said  ,  and  the  free  act  and  deed 

of  said  Narragansett  Electric  Lighting  Company. 


55 


State  of  Rhode  Island 
County-  of  Providence. 

In  Providence,  this  day  of 

A.  D.  19  ,  before  me  personally  appeared 
,  of  the 

to  me  known  and  known  by  me  to  be  the  person  executing  the  fore¬ 
going  instrument,  and  he  acknowledged  said  instrument,  by  him  ex¬ 
ecuted,  to  be  his  free  act  and  deed  individually  and  as  said 

»  and  the  free  act  and  deed  of  said 


56 


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